Taking photos inside apartments without prior notice
I live in a 350 unit building in Etobicoke, managed by a property management corporation. This is the third year since they took over. I've been in this apartment for 11 years.
Last week they were doing annual inspections. For the past two years the super came in to the front hall and checked off items on a clipboard while asking me questions about whether things were working etc.
This year, after the usual illegal notice (four day timeframe over a weekend, no details, just "life site" nonsense) the super came in with a phone in his hand and announced "I have to take pictures of your hallway" and immediately started taking pictures. No asking if it was ok, and when I asked him what the pictures were for, he said "because I have to".
He then proceeded to go to every room in my apartment including the balcony, taking many pictures in each room. I had my (large monitor) computer screen open in the living room, confidential documents on my desk, and other personal items in the bedroom which I would have preferred not to be photographed. During all this picture taking he was asking questions and making comments about my personal belongings (in the bedroom) and the pets I have (he saw my cats and two bird cages). I felt absolutely humiliated and exposed.
To make matters worse, two days before the inspection they barged into my kitchen because they had found a leak in the apartment downstairs and wanted to check if it was coming from my unit. I allowed the entry because I thought it was an emergency. It wasn't. The plumbers weren't coming back for three days, and I was instructed to remove all items from the cabinets under the sink, and not to use my kitchen sink until they came back. I had boxes of kitchen stuff exposed all over the living room floor, and my bathroom contained a dish drainer and other kitchen items by the sink, so was cluttered. I had gone to a lot of trouble to clean up for the inspection and the plumbing issue derailed all that.
I understand they have the right to take photos during an inspection, but only to document repair, condition, or maintenance issues. In this case I have no idea what the purpose of the photos was, what was photographed, or who will have access to them. I'm also afraid that he took photos of the clutter which will be used as an excuse to harass me. And, I'm upset about the idea of my personal and sensitive items being photographed.
They did this to all of the tenants, including people who weren't at home during the inspection and don't know that their apartments were photographed.
I looked up the privacy laws (PIPEDA) and they're definitely in violation of federal privacy law, which states that landlords must notify tenants before taking pictures inside their apartments, so tenants can put away or cover sensitive private items. But I have to file a complaint with the management company before I can file one with the govt.
I'm also seriously considering filing a T2 with the LTB for substantial interference, not only because of the photos but because they've been hammering us with weekly non-urgent entries for a month and a half. I'm almost at the end of my rope with all these violations of my privacy.
I know there isn't anything explicit in the RTA about whether a landlord has to give advance notice before taking photos inside an apartment. All I can think of is that they're obligated to provide details of what they plan to do when they give notice to enter an apartment.
Has anyone else had a similar experience or taken a landlord to the LTB for violating privacy by taking photographs without notice or consent?