06/11/2025– Jurisdiction Ontario
Part 92 published on 01/12/2025
Respondent ordered to stop smoking
Leeds Condominium Corporation No. 14 v. Favron, 2025 ONCAT 185
The condominium corporation had passed a no smoking rule that came into effect on October 31, 2022. The rule allowed for existing smokers to be legacied for a limited period of time. The Respondent did not register for the legacy provision in the time that was allowed to do so following the coming into force of the rule.
The Tribunal found that the Respondent had breached the corporation’s no-smoking rule and had also created a nuisance through smoke and odour, contrary to Section 117 (2) of the Condominium Act.
The Tribunal ordered the Respondent to immediately cease smoking in his unit and on common elements. Additionally, the Tribunal awarded the corporation $1,387.02 for damages related to noncompliance, $3,955.00 for legal costs, and $261.47 for filing fees and disbursements.