28/04/2023 – Jurisdiction Alberta
Part 82 published on 01/06/2023
Owner ordered to stop smoking
Based upon a balance of probabilities, the Tribunal concluded that the owner was smoking in contravention of the condominium corporation’s No-Smoking Rule and also in contravention of the condominium corporation’s Quiet Enjoyment Rule. The Tribunal ordered the owner to stop smoking and to make reasonable efforts to prevent any other occupant of the unit from smoking. The Tribunal ordered the owner to pay the condominium corporation’s full “pre-CAT” costs as well as a portion of the condominium corporation’s “in-CAT” costs (ie. costs in relation to all stages of the CAT process).
Simcoe Standard Condominium Corporation No. 356 v. Caleta et al, 2023 ONCAT 62