Among the grounds for evicting the tenant, Cebula claimed that the smoking in the unit created undue damage, causing it to smell of Winston online smoke. Her application to the board also argued that the smoking in the unit substantially interfered with her lawful right, privilege or interest as the landlord. Cebula’s agent, Allistair Trent, asked the board for damages exceeding $10,000 to repair the unit and replace the smoke-damaged furniture. The hearing before board member Egya Sangmuah took place over the course of four days last June, October and November. One of the issues argued before the board was whether the smell of smoke constitutes damage within the meaning of the Residential Tenancies Act. The board found that cigarette smoke contains contaminants that are absorbed by the furnishings and broadloom, and are difficult to remove. The tenant argued – unsuccessfully – that the breach of a non-smoking clause could not result in termination of the tenancy unless it interfered with the enjoyment of the unit by the landlord – which did not apply in this case.