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Metropolitan Toronto Condominium Corporation No. 1177 v. Brunet et al. - 2022 ONCAT 66 - 2022-06-15
Corporation:
MTCC 1177
Date:
2022-06-15
Summary:
In the case of Metropolitan Toronto Condominium Corporation No. 1177 v. Brunet et al. (2022 ONCAT 66), the dispute revolves around the violation of a condominium's declaration, forbidding the creation of odours and smoke that disturb other owners and occupants. The respondent was accused of smoking cannabis within his unit, causing disruptive odours. The applicant, Metropolitan Toronto Condominium Corporation No. 1177, provided evidence of multiple complaints from residents about the odour, and Mr. Abula's unresponsiveness to address the issue. The tribunal found in favor of the applicant, ordering Mr. Abula to immediately cease smoking cannabis within his unit and pay costs of $150 for tribunal fees and compensation of $450 to the condominium corporation for the expenses incurred to investigate complaints.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Odour
Smoke and/or vapour
Verdict:
In the case of Metropolitan Toronto Condominium Corporation No. 1177 v. Brunet et al., The tenant, was found to have violated the condominium's declaration by smoking cannabis in his unit, creating odours that disturbed other residents. He was ordered to immediately cease smoking within his unit and to pay $150 in costs and $450 in compensation to the condominium corporation for expenses incurred due to his actions.
Takeaways:
Violation of Condominium Rules: The case involved a dispute where a tenant was accused of violating the rules of the Metropolitan Toronto Condominium Corporation No. 1177 by smoking cannabis within the unit he was leasing. The condominium's declaration and the Condominium Act prohibited the creation of smoke and odors that disturb other owners and occupants.
Unreasonable Smoke and Odor: The evidence presented in the case, including complaints from other unit owners and testimony, indicated that the odor of cannabis smoke was pervasive and disruptive to neighbors, with some comparing it to the smell of a skunk. This constituted a violation of the condominium's declaration and the Act's prohibition on unreasonable odors and smoke.
Compliance Order and Financial Penalties: The tribunal found that the respondent had violated the condominium's rules and ordered him to immediately cease smoking cannabis within the unit. Additionally, the tribunal imposed financial penalties on Abula, requiring him to pay $150 in costs and $450 in compensation to the condominium corporation within 30 days.
Recommendations:
Compliance with Governing Documents: Ensure that the applicant complies with the condominium's governing documents, specifically section IV 1. l of the declaration of Metropolitan Toronto Condominium Corporation No. 1177. This should involve immediate cessation of smoking cannabis within the unit he leases at the condominium. It's essential to provide a clear timeline for compliance, typically within 30 days from the date of the order.
Costs Payment: The respondent should be directed to pay costs of $150 to Metropolitan Toronto Condominium Corporation No. 1177. These costs could include the Tribunal's filing fees, which the corporation incurred during the legal proceedings.
Compensation for Damages: Order the respondent to pay compensation of $450 to Metropolitan Toronto Condominium Corporation No. 1177. This compensation is to cover the expenses the corporation incurred in investigating and addressing the nuisance created by the applicant's cannabis smoking. The compensation should also be payable within 30 days from the date of the order.