i'm not doing this right this minute, but i'm going to have to search
the case law for examples where second-hand smoke - and specifically
second-hand marijuana smoke - is considered an "uninhabitable" situation.
A landlord is responsible for providing and maintaining
a residential complex, including the rental units in it, in a good
state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
i
don't know if there is precedent around this, but i'm willing to make a
novel argument - and push it to divisional court - if i have to.
a unit full of second-hand smoke should be considered unfit for habitation.