18/01/2023 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Owner ordered to pay for neighbour’s air purifier, needed due to second-hand smoke.
The Respondent was smoking in contravention of the condominium corporation’s “no smoking” rule. The neighboring owner was forced to purchase an air purifier “to alleviate the impact of the second-hand smoke which was migrating into and interfering with their use and enjoyment of their home”. The Tribunal ordered the smoker to pay damages of $2485.99 (being the cost of the air purifier) to the neighbour.
The Tribunal said:
“I am ordering the Respondent to pay damages in this amount pursuant to s. 1.44 (1) 3 of the Act.”
Section 1.44 (1) 3 of the Condominium Act empowers the Tribunal to make “an order directing a party to the proceeding to pay compensation for damages incurred by another party to the proceeding as a result of an act of non-compliance up to the greater of $25,000 or the amount, if any, that is prescribed”.