The applicant condominium corporation sought a cease and desist order against the respondent unit owner, alleging he violated the corporation's no-smoking rules and caused smoke odours to penetrate neighbouring units.
The respondent denied smoking in his unit or on the property and provided evidence that he was out of town during several of the alleged incidents.
The Tribunal found that the applicant failed to conduct an independent investigation and relied solely on the complaints of two neighbours without verifying the source of the smoke.
The application was dismissed, and the applicant was ordered to pay $4,000 in legal costs to the respondent due to its unreasonable conduct in pursuing the allegations without proper investigation.