4/11/2024– Jurisdiction Ontario
Part 88 published on 01/12/2024
Tenants had caused unreasonable nuisance from smoke and odour. Landlord obligated to pay costs.
The condominium corporation brought this claim against the resident of a unit and the owner of the unit for smoke and odour resulting from cannabis and tobacco. The resident no longer occupied the unit but the owners were still required to pay costs associated with the non-compliance of their resident.
The Tribunal said:
TSCC 2243 is requesting that the $6,454.29 in legal fees it incurred in the course of this proceeding be awarded on a full indemnity basis and that the Respondents be ordered to pay these costs jointly and severally. Ms. Mezzabotta submits that “no part of these costs should be borne by the Respondents’ neighbours who are blameless in this matter.”
The Tribunal’s Rules of Practice are clear that legal fees are not generally awarded. In this case, there was no inappropriate behaviour during the proceeding or unreasonable delay caused by the participating Respondents. However, I recognize that any costs not awarded by this Tribunal will ultimately be expensed to other owners of TSCC 2243. In this case, Mr. Finn’s behaviour persisted in spite of the receipt of letters from both the corporation and its legal counsel and I have found that the Respondents owners failed to take decisive action in a timely manner. In these circumstances, I find that it would be inappropriate for other owners to bear the entire cost of this proceeding, and I order costs of $3,500 to be paid jointly and severally by the Respondents owners. While I recognize that Mr. Finn was responsible for creating the nuisance smoke and odour, neither the corporation’s nor its counsel’s letters advised him that he could be held liable for the corporation’s legal costs. Moreover, I find it highly improbable that costs could be recovered from him given he has moved out of TSCC 2243.
Toronto Standard Condominium Corporation No. 2243 v. Orenstein et al., 2024 ONCAT 163