Katya Ukrainetz

The applicant condominium corporation applied to the Condominium Authority Tribunal regarding the respondent unit owner's storage of derelict automobiles in her exclusive use parking space and parking of automobiles in the common element driveway.

The Tribunal found that the inoperable automobiles constituted refuse in violation of Rule 7, and that parking in the driveway violated Rule 16.

The respondent was ordered to remove the vehicles within 30 days and pay $1,600 in damages for the corporation's pre-hearing legal enforcement costs, plus $200 in Tribunal fees.

The applicant, a condominium unit owner, alleged that cigarette smoke and odour from the neighbouring respondent's unit constituted a nuisance under s. 117(2) of the Condominium Act, 1998, and that the condominium corporation failed to enforce its rules.

The Condominium Authority Tribunal found that the smoke odour from the respondent's unit was unreasonable and substantially interfered with the applicant's enjoyment of her unit.

The Tribunal ordered the respondent to permanently cease smoking in his unit.

The Tribunal also found that the condominium corporation had taken reasonable steps to investigate and address the complaints, fulfilling its obligations under the Act.

The applicant condominium corporation sought an order requiring the respondent unit owner to cease scattering garlic, bleach, eggs, and other substances around her unit and common elements.

The respondent, who claimed the substances protected her from witchcraft, did not participate in the hearing.

The Tribunal found that the persistent and unreasonable odours caused by the respondent's actions constituted a nuisance under s. 117(2) of the Condominium Act, 1998.

The respondent was ordered to cease the activity and pay $1,700 in costs to the applicant.