The applicants, condominium unit owners, sought an order prohibiting their neighbours from smoking inside and outside their unit, alleging the smoke migration constituted a nuisance.
They also sought an order compelling the condominium corporation to enforce its governing documents.
The Condominium Authority Tribunal found that the condominium corporation had taken reasonable steps to investigate and mitigate the smoke migration, including retaining engineers and completing sealing work.
The Tribunal concluded that the remaining smoke did not constitute an unreasonable nuisance under the Condominium Act, as smoking was not prohibited by the corporation's rules.
The application was dismissed without costs.