In what circumstances will a landlord bring an action against a tenant who allegedly started a fire on their balcony?
Ontario, Canada
The following excerpt is from Mohamed v. Banville, 2009 CanLII 7092 (ON SC):
In Steer v. Hore, [1990] B.C.J. No. 519 (S.C.), the plaintiff landlord alleged the tenants had caused a fire by smoking carelessly on their apartment balcony. Although a wallet and cigarette butts were found on the balcony where the fire had originated, the action was nonetheless dismissed as the plaintiff had adduced no evidence the plaintiffs had smoked on the balcony on the evening the fire occurred or had failed to properly extinguish smoker's materials.
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