14/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Owner spreading various substances on the property caused unreasonable nuisance from odours
A unit owner was spreading garlic, bleach, salt, and other substances around her unit and on the common elements. This caused unpleasant odours that residents complained about. The Tribunal found that the odours were creating a nuisance and ordered her to stop.
The Tribunal said:
Based on the extensive evidence of ongoing and persistent conduct by the Respondent, I find that she is engaged in activities resulting in unreasonable odour experienced by those who live in close proximity to the Respondent’s unit. The negative impact on others within the condominium community is well documented. The fact that the Respondent may believe that it is necessary for her to spread garlic, bleach and salts around her unit to protect herself does not negate the effect of an unreasonable persistent odour on those living around her.
Carleton Condominium Corporation No. 125 v. English, 2024 ONCAT 166