A large Toronto landlord violated a tenant’s privacy by aiming cameras into his apartment, privacy watchdog finds - Toronto Star

The office of the Privacy Commissioner of Canada found MetCap's hallway security cameras were 'intrusive.'

Javier Ruiz-Soler stands outside his old apartment complex at 105 Isabella St. in Toronto in September. Canada’s privacy watchdog has found landlord MetCap violated his privacy with security cameras that captured footage inside his unit.

Canada’s privacy watchdog has determined that one of the largest property management firms in the city violated tenant privacy when it installed cameras that could record inside units at a downtown Toronto building. 

Javier Ruiz-Soler was disturbed to discover security cameras in the hallway of his apartment near Church and Yonge streets a few years ago.

“I immediately noticed that those cameras were pointing to the units,” he recalled. “And that they were able to record inside.” 

After unsuccessfully trying to get management to take the cameras down, Ruiz-Soler filed a complaint with the Office of the Privacy Commissioner of Canada, the agency tasked with protecting privacy rights of individuals, against MetCap Living Management Inc., which manages the mid-century building at 105 Isabella St. 

The watchdog agreed with him, finding, among multiple issues to be addressed, that MetCap “is inappropriately collecting personal information from inside the tenants’ units,” in a case that sides with renters on the balance between security and privacy in dense downtown living.

In a report issued in June, the office found “the use of security cameras can be beneficial to enhance the safety and security of tenants … However, it is intrusive for images of the inside of tenants’ units to be captured as part of a security video surveillance.”

In an email, Michael Guyette, vice-president of operations for MetCap Living Management Inc., said the company “acknowledges the seriousness of the concerns raised and has taken steps to address them.”

According to the company’s LinkedIn profile and its website, MetCap manages 350 buildings with more than 22,000 units across multiple provinces, with several in the Greater Toronto Area. Guyette said closed-circuit television (CCTV) systems are used at a number of MetCap-managed properties to support safety and monitor common areas.

He recognizes other residents may have questions, he said, adding that the company takes privacy very seriously.

Ruiz-Soler said the cameras could see everyone going in and out of his home, as well as potentially into the washroom and bedroom that were right behind his door, when it was open.

“This is a broad Canadian issue,” says Javier Ruiz-Sole, who flagged the cameras in a complaint to the Office of the Privacy Commissioner of Canada.

He said that he asked MetCap for access to the video footage they had collected on him, which is required under privacy law, and MetCap failed to provide it or the privacy officer’s contact information, and did not respond to his inquiries. 

The privacy office report noted that “the viewing angle of some of these cameras could capture footage from inside the tenant’s unit when the doors are open.”

It said the privacy office had asked MetCap to reposition the cameras, and in response was provided with security footage from the hallway cameras. The report found “the angle of some of the security cameras remains positioned in a way that footage could be captured from inside the units when the door is open.”

The cameras were installed in May 2023 as part of a security initiative to support safety, Guyette said. 

He added that following a review of the camera angles, they were adjusted, but they remain in place.

The building is owned by a company that lists the founder and CEO of Starlight Investments, a global real estate investment and asset management firm based in Toronto, as one director and the president and CEO of MetCap as the other, according to property documents. 

In an email, Penny Colomvakos, Starlight Investments’ senior vice-president, residential operations and communications, said Starlight is the owner of the building. 

“Starlight Investments has very recently become aware of the privacy concerns and acknowledges the seriousness of the issues involved,” she said. “We have asked MetCap to provide a full account of what occurred and the actions taken in response.”

The company is working with MetCap to confirm that “appropriate measures are in place to protect residents’ privacy across the Starlight properties it manages,” Colomvakos added.

Tenants of 75 Spencer Ave. have been on rent strike since March following a proposed 5.4 per