05/09/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Smoker’s legacy rights expired
The condominium corporation brought this claim against an owner who was a legacy smoker. The corporation claimed that the owner had violated the no-smoking rule by continuing to smoke after the expiry of the legacy period. The Tribunal found that the owner was in violation of the rule.
The Tribunal said:
Subsection 117 (2) of the (Condominium Act 1998) 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 ordered the owner to stop smoking and also ordered that the corporation could access the owner’s unit on two hours’ notice in the event of a complaint about smoke allegedly coming from her unit.
Carleton Condominium Corporation No. 383 v. Laflamme, 2024 ONCAT 136