19/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Cooking odours did not constitute an unreasonable nuisance
The Applicant brought this case against the owners of the unit below, claiming that cooking odours were seeping into his unit and were unreasonable.
The Tribunal found that the Applicant did not provide sufficient evidence to show that the odours were unreasonable. The Tribunal specifically noted that the complete absence of cooking odours in a shared living environment is not realistic. The Tribunal also noted that just because a smell is not pleasant to one person does not mean that it is an unreasonable odour which is a nuisance.
The Tribunal said:
In October 2020, YCC 345’s board discussed the Applicant’s ‘smell issue’ and in an email to him stated that management was prepared to arrange for a contractor to enter the Respondents’ unit and investigate its ventilation system to determine if any changes or alterations had been made to it which might have led to an odour migration. However, this offer to investigate was conditional upon the Applicant making a written request and an agreement that if no alterations or changes were made then he, the Applicant, would pay for the investigation. It appears that the Applicant did not agree to those terms set out by YCC 345. In that same email, YCC 345 stated that if he did not agree to the conditions, management and the board would not respond to his claim anymore.
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There is no evidence that the Applicant responded to YCC 345’s offer to investigate.
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The Respondents did retain an HVAC technician to attend their unit in September 2024 to check vent ducts and fans. The technician found that vent ducts were properly sealed, and the fan was working…
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That some odours may travel is neither unusual nor unreasonable. I remind the Applicant that living in a condominium setting calls for tolerance – the absence of cooking odours (even if not to one’s liking) is not realistic. That a smell is not pleasant to one person does not mean it is an unreasonable odour which is a nuisance, annoyance or disruption under the Act.