Woman Ordered to Stop Smoking at Home in Ontario Ruling

Article by Shane Dingman, Globe and Mail

THE LISTING Woman ordered to stop smoking at home in Ontario ruling SHANE DINGMAN Condo corporations in Ontario have been unwilling to issue outright smoking bans. ISTOCKPHOTO / GETTY IMAGES If you smoke and you live in a condominium in Ontario, a little-noticed ruling may have stubbed out your ability to light up inside your own home. At the very least, it has given new legal heft to a condominium corporation’s ability to ban all smoking indoors if it so chooses.

If you smoke and you live in a condominium in Ontario, a little-noticed ruling may have stubbed out your ability to light up inside your own home. At the very least, it has given new legal heft to a condominium corporation’s ability to ban all smoking indoors if it so chooses.
.
On Oct. 9, 73-year-old Jaromira Linhart represented herself in a hearing regarding her smoking, where lawyers for The Masters condominiums at 296 Mill Rd. in Toronto (officially, York Condominium Corporation No. 266) argued her cigarettes were affecting an upstairs neighbour who claimed to have an allergy.
.
In what is seen as a first in Ontario, Justice Jana Steele ruled in the Ontario Superior Court of Justice on Oct. 15 against Ms. Linhart and ordered her to stop smoking in her own home.
.
“I recognize that this is affecting Ms. Linhart’s ability to smoke cigarettes in her personal residence. However … when a person decides to live in a multi-unit dwelling, such as a condominium, they are obligated to comply with the Rules and the governing statute.”
.
“Inside your unit that is your home, that’s how I feel,” Ms. Linhart said in an interview with The Globe and Mail. Ms. Linhart has been smoking since her early 20s, about the time she emigrated from the former dictatorship in Yugoslavia. “I left the country because that was a communist socialist country and they were trying to rule you in everything. So I left the country to be free … and look at me now. There’s no freedom whatsoever, they tell you what to do and how to do it.”
.
Members of the YCC 266 board of directors reached by The Globe declined to comment.
.
There are more than 11,000 condo corporations in Ontario, and the legalization of cannabis in 2018 kicked off a rash of new rules at condominiums that sought to ban smoking indoors. Most of the cases that have tested these rules in court relate to tobacco consumption, not cannabis.
.
“I’ve had a number of complaints from tenants and unit owners who feel harassed by the condo board or property manager,” said Caryma Sa’d, a lawyer with a focus on cannabis law. “But in almost all circumstances we were able to resolve the situation without court proceedings.”
The case has caused much clamour in the condo legal community.
.
“This case in front of us had the perfect set of facts,” Rodrigue Escayola, partner with Gowling WLG, said on his CondoAdvisor.ca blog. “Not only was an owner breaching the rule, but causing a disturbance and nuisance.” The YCC application relied on section 117 of the Condo Act, which states in part, “No person shall, through an act or omission, cause a condition to exist or an activity to take place in a unit … if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause an injury or an illness to an individual.”

Read the full article here,

About Dankr NewsBot

Beep Boop. I'm just a bot who brings you the dankest news in the biz

Leave a Reply

Powered by Dragonballsuper Youtube Download animeshow