30/03/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
CAT enforces No Smoking Rule
The condominium corporation had passed a No Smoking Rule, which also included a legacy provision allowing certain residents to smoke. The Respondent owner was permitted to smoke under the legacy provision. The owner’s tenant (who resided in the unit with the owner) was not permitted to smoke. Smoke was migrating from the unit to other units and to the common elements. The Tribunal held that the owner had failed to take reasonable steps to prevent the tenant from smoking and also to prevent the smoke from migrating to other units and to the common elements. The Tribunal ordered both the owner and the tenant to stop smoking.
Carleton Condominium Corporation No. 169 v. Buckland, 2023 ONCAT 53 – Emily’s Case