Reasonable Enjoyment

Hassan v. Niagara Housing Authority 2001 CarswellOnt 4890 SCDC

16. It is not that the other tenant's actions are imputed to the landlord, but, rather, the landlord's legal responsibility to provide the tenant with quiet enjoyment that gives rise to the responsibility on the landlord to take reasonable steps to correct the intrusion of the neighbouring tenant on the tenant's right to quiet enjoyment.

17. As was stated by Judge Conant in Lush v. Dell Holdings Ltd. (September 3, 1986), Doc. M135029/86 (Ont. Dist. Ct.), 1986 District Court Toronto, at p. 4:

From time immemorial in the British judicial system the landlord must provide quiet enjoyment . . . the tenants have almost no method of recourse . . . There is really nothing . . . that the tenant . . . can do but get the landlord [to take action against the tenant].