11/10/2023 – Jurisdiction Alberta
Part 84 published on 01/12/2023
Barbecue found not to be causing unreasonable nuisance to neighboring owner
The Applicants complained about smoke coming from a neighbour’s barbecue. The Court found that the barbecue was located in compliance with the condominium corporation’s By-laws and was not causing an unreasonable nuisance. The Court also found that the use of the barbecue did not amount to discrimination on the basis of a physical disability. The Court said:
While the presence of cooking odors or some occasional barbeque smoke may be annoying or unpleasant, both are a normal part of living in high density housing such as a condominium that permits barbeque use on the balconies. I am unable to find on the evidence before me that the occasional use of a barbeque for meal preparation substantially or unreasonably obstructs or interferes with the right of Mr. Kiley and Mr. Spicer to the comfort and enjoyment of their own unit and its associated common areas. I therefore find Ms. Matear’s barbeque use does not constitute a nuisance.