Carbon Monoxide Emissions (LTB)

CET-73548-18 (Re), 2018 CanLII 88546 (ON LTB)

14. On February 11, 2017, the Tenant informed the Landlord that there was no carbon monoxide detector in the unit. The Tenant called the Fire Marshal on February 14, 2017 because she believed she was experiencing carbon monoxide poisoning symptoms.

15. A report dated February 14, 2017 from Mississauga Fire & Emergency Services indicates that there was no carbon monoxide alarm in the unit and that a carbon monoxide alarm was given to the Tenant on that day. The fire department indicated that after installing the alarm, it did not go off. The author of this report advised the Tenant to see her doctor regarding symptoms she was experiencing.

16. By failing to provide the Tenant with a carbon monoxide detector, the Landlord substantially interfered with the Tenant’s reasonable enjoyment. The risk to any person by the failure to detect carbon monoxide is a serious one. The Tenant is entitled to an abatement of $200 for the period from February 12, 2017 (one year before the date the application was filed) to February 14, 2017 when a detector was installed by the fire department. The amount is approximately 30% of the monthly rent to reflect the serious nature of the Landlord’s failure to provide a carbon monoxide detector to the tenant.

TNT-66741-15-AM (Re), 2015 CanLII 54768 (ON LTB)

13. The Tenant proved that the Landlord did not supply carbon monoxide detectors for the rental unit. The Tenant, who occupied the rental unit, has the best personal knowledge of whether carbon monoxide detectors were provided at the start of her tenancy. I therefore accept her sworn evidence on this issue. The Tenant purchased three carbon monoxide detectors for the rental unit. The Tenant took the carbon monoxide detectors with her when she moved out of the rental unit on November 15, 2014.

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25. Because these issues existed throughout the Tenant’s tenancy with the Landlord, and because the lack of heat was particularly onerous, I find that it is appropriate to order the Landlord to pay to the Tenant an abatement of rent equal to 75 percent of the rent the Tenant paid for the period September 15, 2014 to November 15, 2014, or $5,775.00.

Mehdi-Pour v. Minto, 2010 ONSC 5414 (CanLII)

[32] There is however nothing in this affidavit establishing precisely what the deficiency in the venting was, what observations the plaintiff himself made, how serious the deficiency actually was, what other sources of fresh air there may have been or what if anything had been done to the water heater during the time the plaintiffs were in occupation. The plaintiff has no technical or scientific evidence about carbon monoxide generation or dissipation or specific measurements taken at the property.