Carleton Condominium Corporation No. 95 v. Stewart, 2026 ONCAT 90

Condominium Authority Tribunal

Date: May 15, 2026
Case: 2026-00104SA
Citation: Carleton Condominium Corporation No. 95 v. Stewart, 2026 ONCAT 90

Order under section 1.47 of the Condominium Act, 1998.

Member: Brian Cook, Member

The Applicant: Carleton Condominium Corporation No. 95
Represented by Anna Iordanidi, Agent

The Respondent: Jean Stewart
Represented by Nicole Balthazar, Counsel

CONSENT ORDER

1This application has been brought by Carleton Condominium Corporation No. 95 (CCC 95) because Jean Stewart has not complied with a Settlement Agreement that resolved an earlier application.

A. BACKGROUND

2The earlier application concerned complaints that Ms. Stewart continued to smoke in her unit after the condominium adopted a no-smoking rule which took effect on March 1, 2018 with a legacy provision for people like Ms. Stewart who were smokers at the time of the rule change who were permitted to continue to smoke in their unit until February 29, 2020. After that they were not permitted to do so.

3The earlier application was resolved by a Settlement Agreement dated July 8, 2025.

4The Settlement Agreement noted that Ms. Stewart has smoked for over 60 years and that while she was engaged in a smoking cessation program, she was finding it difficult to quit.

5The terms of the Settlement Agreement were as follows:

1. August 31, 2025, is designated as a hard deadline, ending any and all smoking by Ms. Stewart in her unit.
2. Up until that date, Ms. Stewart will make every effort to take the large majority of her smoking outside. Ms. Stewart will use the outdoor on-premises area designated by the corporation.
3. After August 31, 2025, any infraction of the smoking rule or with the terms of settlement will be considered an act of non-compliance with the terms of the Agreement and CCC 95 will then bring the issues back to the Tribunal, seeking an Order for Respondent to comply with the Smoking Rule, immediately taking the issue to Stage 3 – Tribunal Decision.
4. Ms. Stewart agrees to have cleaners clean her unit to minimize risk of fire hazard. Ms. Stewart will bear the responsibility for costs of the cleaning and a date will be set for the cleaning to be completed by July 31, 2025. Ms. Stewart will of course be allowed to be in attendance for the cleaning.
5. Ms. Stewart will agree to restore and maintain the level of functioning of the 2 air purifiers within her unit.

6Ms. Stewart has named Jane Lister as a Power of Attorney for Personal Care and a Continuing Power of Attorney for Property. However, Ms. Lister was not involved in the process leading to the Settlement Agreement and Ms. Stewart was not otherwise represented in that process. She is now represented by Ms. Balthazar.

7A video conference call was held on April 14, 2026. Present were Ms. Iordanidi, who is the condominium manager, Ms. Stewart, Ms. Lister, and Ms. Balthazar.

8Ms. Stewart conceded that she continued to smoke in her unit after August 31, 2025, especially in the winter. She advised that she is 79 years old and has significant health issues. She requires a walker and sometimes a wheelchair. She indicated that her mobility issues make it difficult to get in and out of her door. The doorway has a threshold which can make it difficult to get in and out with her walker or wheelchair and the door is difficult to open.

9She indicated that she would be better able to go outside to smoke if these problems were addressed. She also indicated that she is continuing to seek assistance with smoking cessation but is finding it very difficult.

10Ms. Iordanidi indicated that CCC 95 is sympathetic to Ms. Stewart’s difficulties but that her continued smoking results in complaints from other residents and is contrary to the rules.

11The issues with Ms. Stewart’s door were investigated after the video conference. Ms. Iordanidi advised that a contractor had provided an estimate for work, and the parties agree to the following order.

B. ORDER

12In accordance with the agreement between CCC 95 and Jean Stewart, the Tribunal orders that the case is closed on the terms set out below:

1. CCC 95 will arrange and pay for a contractor to file the bottom of the door to the unit and install a new door sweep.
2. CCC 95 and Ms. Stewart will share equally the costs of the installation of a new threshold. The cost for each party is estimated to be $144.08 plus HST.
3. It is anticipated that this work will be completed in two to three weeks.
4. Until the work is completed, Ms. Stewart will continue to go outside to smoke as she is able.
5. After the work is completed, Ms. Stewart will not smoke in her unit or on the common elements.

13The parties agree and understand that a failure to comply with these terms may result in an application for enforcement at the Ontario Superior Court of Justice. Ms. Stewart understands that if she continues to smoke in her unit after the work is completed, CCC 95 will seek an enforcement order at the Ontario Superior Court of Justice.

Brian Cook

Member, Condominium Authority Tribunal