18/12/2023 – Jurisdiction Ontario
Part 85 published on 01/03/2024
Insufficient evidence of alleged unreasonable odour
The Applicant complained of an unreasonable odour coming from a charcoal-burning water pipe that she alleged was being used by the Respondent (in the unit above the Applicant’s unit). She described the odours as “shisha, spearmint, woody, sweet or burning”.
The Tribunal held that that there was “insufficient evidence that the odour Ms. Parachuk reports she is experiencing is unreasonable or that its source is the Respondent’s unit”.
The condominium corporation did not participate in the application. However, the Tribunal nevertheless ordered the condominium corporation to take certain steps in the event of additional vidence of an unreasonable odour in the Applicant’s unit. The Tribunal said:
I asked Ms. Parachuk if any formal investigation such as air quality testing, or a
review of her unit’s HVAC system, had taken place. She advised it had not. Given I
have found that the evidence of unreasonable odours in her unit is inconclusive, it
may be helpful for her to obtain an assessment of the air quality in her unit from an
independent, qualified professional. Such a report could provide information about
the composition and exposure levels of any odours infiltrating her unit. In the
specific circumstances of this case, where the absence of any evidence from YCC
78 does not allow me to conclude that it has fulfilled its responsibilities under the
Act, I am taking the somewhat unusual step of ordering that should YCC 78
receive an air quality assessment report from Ms. Parachuk which finds that odour
that exceeds generally accepted exposure limits is infiltrating her unit, within 60
days of receipt of the report, YCC 78 is to undertake an investigation to determine
the source of the odour and to then take reasonable steps to mitigate the
infiltration.