05/12/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Tribunal orders owner to stop smoking and/or vaping
The Tribunal found, on a balance of probabilities, that the owner was smoking and/or vaping in her unit in contravention of the condominium corporation’s Rules and Section 117 (2) of the Condominium Act. The Tribunal ordered the owner and any guest(s) to not smoke or vape either tobacco or marijuana products in her unit or on the exclusive use or the mutual use common elements of the property of YRSCC No. 1054. The Tribunal said:
Although there is no photographic evidence, the smoking activity has been noted by other residents, odour migration has been reported and investigated over an extended period of time. Further, I note that all complaints are registered by units adjacent to the Respondent’s unit and to no other area of the building.
York Region Standard Condominium Corporation No. 1054 v. Valente, 2023 ONCAT 189