05/26/2026– Jurisdiction Ontario
Part 94 published on 01/06/2026
Tribunal dismisses complaint respecting smoking. Tribunal orders compliance with Rules respecting use of visitors parking.
The condominium corporation alleged that the Respondent owners were not in compliance with the Corporation’s Rules respecting use of visitors parking and also were not in compliance with the Corporation’s “no smoking” Rule.
The Tribunal found that the owners had failed to comply with the Corporation’s Rules respecting visitors parking and ordered that they “immediately cease and refrain from parking their vehicles in spaces designated for visitor parking spaces”.
In relation to the smoking, the Tribunal found that the owners had smoked on their balcony, in contravention of the Corporation’s “no smoking” Rule. However, the Tribunal declined to make any order (on this issue). The Tribunal said that for the Tribunal to make an order respecting smoking “it is not enough for a corporation to argue or prove that its rules in respect to smoking were breached. A condominium corporation must show that the breach resulted in unreasonable smoke that was a nuisance, annoyance or disruption contrary to the Act and/or the corporation’s rules”. The Tribunal went on to say: “I do not have such evidence before me in this case.”
Waterloo Standard Condominium Corporation No. 697 v. Kozhani, Kozhani, 2026 ONCAT 94