Tosoni v. Brandi (Condominium Authority Tribunal) August 29, 2025

29/08/2025– Jurisdiction Ontario
Part 91 published on 01/09/2025
Respondent ordered to control smoke and odours

The Tribunal held that the Respondent’s unit was the source of smoke and other odours experienced by the Applicants and that these were a nuisance which interfered with the Applicants’ right to the quiet enjoyment of their unit and the common elements.

 

The Tribunal ordered the Respondent to continue (i) keeping all the doors and windows of his unit closed; (ii) operating an air purifier; (iii) operating the exhaust fans(s), and finally, (iv) cleaning his cat litter box on a daily basis, along with the use of deodorizer. 

 

The Tribunal also found that VSCC 34 had fulfilled its obligations under the Condominium Act, 1998 and the Corporation’s governing documents in response to the Applicants’ complaints about smoke and other odours.

 Tosoni v. Brandi, 2025 ONCAT 148- Smoke, odour, cat litter