Dominique Mesina

The applicant condominium corporation sought costs against the respondent unit owners after the parties settled a dispute regarding the respondents' non-compliance with a no-smoking rule.

The applicant claimed full indemnity for its pre-litigation and tribunal costs.

The tribunal found that the respondents' conduct caused delays and additional expenses, justifying a costs award, but determined that full indemnity was disproportionate.

The respondents were ordered to pay $4,696.50 in costs, and their cross-claim for costs was dismissed.

The applicant condominium corporation applied to the Condominium Authority Tribunal for an order enforcing its no-smoking rule against the respondent unit owner.

The respondent, a legacy smoker, failed to prevent smoke from escaping her unit into the common elements, creating a nuisance under section 117(2) of the Condominium Act, 1998.

The Tribunal found the respondent in violation of the rule and the Act, ordered her to immediately comply, and granted the corporation the right to inspect the unit on two hours' notice upon receiving further complaints.

The respondent was also ordered to pay $2,506 in costs and compensation.