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.