Kelly Aitchison

The applicant condominium corporation sought full indemnity for legal costs incurred to enforce a no-smoking rule against the respondent unit owner.

The substantive issues were resolved by a consent order in which the respondent agreed to comply with the rule.

The Tribunal found that while the applicant was entitled to some costs under the indemnification provisions of its by-laws and rules, the amounts claimed were disproportionate to the straightforward nature of the dispute.

The Tribunal awarded $2,500 for pre-Tribunal legal costs and $2,275 for Tribunal-related costs and fees.

The applicant condominium corporation initiated a proceeding alleging that the respondent caused smoking odours to emanate from her unit, creating a nuisance and violating the corporation's no-smoking rule.

During mediation, the parties agreed to a consent order resolving the substantive issues, with the respondent agreeing not to allow smoking in her unit, balcony, or common elements.

The issue of costs was deferred to a separate adjudication.