09/05/2024 – Jurisdiction Ontario
Part 87 published on 01/09/2024
Owner was smoking in violation of condominium corporation’s no-smoking Rule.
The condominium corporation had passed a no-smoking rule in 2016. The rule allowed existing owners the opportunity to receive time-limited legacy protection (to allow them to continue smoking) until June 30, 2019. The Respondent owner continued to smoke beyond that deadline, stating that she was “too old to quit smoking”. The evidence also indicated that smoke from the owner’s unit was causing a nuisance to others.
The Tribunal ordered the owner to stop smoking. The Tribunal said:
Subsection 117 (2) of the Act prohibits certain activities that create a nuisance, annoyance or disruption and refers to certain prescribed activities. Section 26 of Ontario Regulation 48/01 to the Act lists unreasonable smoke as one of the prescribed activities if it causes a nuisance, annoyance or disruption. Ms. Laflamme acknowledges that she continues to smoke, in violation of the No Smoking Rule. I am persuaded by the testimony of the APM, the Office Administrator, the security patrol staff member and the complainant, that the penetration of the odour of tobacco smoke into the hallway from Ms. Laflamme’s unit is persistent, unreasonable and constitutes a nuisance.
The Tribunal also made a special order allowing the condominium corporation to access the owner’s unit, on two-hours’ notice, in the event of any further complaints about smoke from the unit.