Sophie Ryder

The applicant condominium corporation applied to the Condominium Authority Tribunal for an order requiring the respondent unit owner to comply with its no-smoking rule and section 117(2)(b) of the Condominium Act, 1998.

The respondent repeatedly smoked in his unit and on common elements, causing smoke and odour migration to other units despite numerous warnings.

The respondent did not participate in the hearing.

The Tribunal ordered the respondent to immediately cease smoking on the property and awarded the applicant damages for pre-litigation enforcement costs, plus partial legal costs and disbursements for the Tribunal proceeding.

The applicant condominium corporation alleged that the respondent was smoking in his unit, causing odours and breaching the corporation's rules.

The respondent denied smoking in his unit since January 2023.

The parties reached a settlement in Stage 3 of the Condominium Authority Tribunal's online dispute resolution system.

The Tribunal issued a consent order requiring the respondent to comply with the no-smoking rule and outlining a specific investigation protocol for any future complaints or sensor spikes.