251 result(s)
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1.
Mundel et al v. Hastings-Evans et al - 2017 BCCRT 108 - 2017-11-07
Strata Property Decisions - Final Decision(d) Smoking was a common source of complaint to the respondent strata prior to the passing of the no smoking bylaw. [...] 52. The respondent argues that she is exempt from the no smoking bylaw because she owned her unit and smoked on her balcony before the no smoking bylaw was passed. [...] Instead, her materials referred to an attempt by her to smoke at her unit less often, suggesting that she has tried smoking elsewhere.
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2.
Hill v. The Owners, Strata Plan VR 145 - 2019 BCCRT 1153 - 2019-10-02
Strata Property Decisions - Final DecisionThe owner has provided smoke logs which show multiple incidents where the owner alleges she smelled smoke. [...] 20. The owner’s smoke logs indicate when she says she has been affected by smoke coming into her strata lot. [...] She also argues that second-hand smoke can only be detected within hours of the smoking.
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3.
Blanchard v. The Owners, Strata Plan VR 145 - 2019 BCCRT 1107 - 2019-09-19
Strata Property Decisions - Final DecisionThe owner has provided smoke logs which show multiple incidents where the owner alleges she smells smoke. [...] The Smoking Complaints 14. The owner has provided smoke logs that indicate that she has been affected by smoke coming into her strata lot almost daily for the last three years. [...] She also argues that second-hand smoke can only be detected within hours of the smoking.
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4.
Foster v. The Owners, Strata Plan LMS 35 - 2023 BCCRT 1083 - 2023-12-11
Strata Property Decisions - Final DecisionThey say Ms. Clark and others smoke on her balcony and that smoke enters SL158, creating a nuisance. [...] They say their smoke logs during the test period support that they did not smell smoke from SL123. [...] The letter also said the applicants have not proved smoke enters SL158 nor the source of any smoke.
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5.
Dhanani v. The Owners, Strata Plan NW 2265 - 2021 BCCRT 282 - 2021-03-12
Strata Property Decisions - Final Decision23. At that time, the strata’s smoking bylaw only prohibited smoking on “internal common property areas”. [...] 39. Ms. Tonsic says she has never smoked inside her strata lot but admits she smoked on her balcony before the no smoking bylaw. [...] She says since the no smoking bylaw was passed, she has not smoked on her balcony.
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6.
The Owners, Strata Plan VIS 4266 v. Johanson - 2018 BCCRT 844 - 2018-12-12
Strata Property Decisions - Final DecisionThe no smoking bylaw prohibits smoking on common property and in a strata lot. [...] 24. The owner does not dispute that smoke escapes her unit. However, she says that smoke from her unit may not be the only cause of smoke. [...] The complaints of smoke are detailed with dates, times, and location of smoke which shows a connection to the owner’s unit and, often, the impact of the smoke.
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7.
The Owners, Strata Plan NW 2539 v. Renpenning - 2019 BCCRT 232 - 2019-02-27
Strata Property Decisions - Final Decisionc. a significant tobacco smoke odour was not detected in unit 10; d. a mild tobacco smoke odour may have been present in unit 10; [...] f. it is likely that when tobacco is actually smoked in the owner’s unit that smoke and odour will travel into unit 10 to some extent. [...] c. second-hand smoke persisted in unit 10; and, d. she now detected second-hand smoke in every room in unit 10.
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8.
Brookes v. The Owners, Strata Plan NW 1890 - 2021 BCCRT 1181 - 2021-11-08
Strata Property Decisions - Final Decision24. Ms. Brookes complained of smoke smells throughout April 2020. The strata sent SL35’s owners an April 7, 2020 bylaw violation notice for smoking. [...] However, Ms. Brookes complained of smoke again on May 21, 2020. 26. Ms. Brookes’ smoke complaints continued in June 2020. [...] The November 4, 2020 strata council minutes say that the smoking complaints would be “tabled” until a smoking bylaw amendment was presented.
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9.
Karnik v. Kulasik - 2022 BCCRT 923 - 2022-08-15
Strata Property Decisions - Final DecisionHe says that he stopped smoking in the strata lot on January 1, 2022, and has only smoked there once since then, on May 15, 2022. [...] I order that Mr. Kulasik not smoke in his strata lot. I note again that bylaw 1.15 prohibits smoking anywhere on the strata’s premises, not just in a strata lot. [...] I find the evidence shows that this cigarette smoke came from Mr. Kulasik smoking in his strata lot contrary to strata bylaws.
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10.
Bahmutsky v. Petkau - 2020 BCCRT 244 - 2020-03-03
Strata Property Decisions - Final DecisionThey say the smoking violates strata bylaws and the, and that Lacey Petkau and CB should smoke elsewhere, like inside SL9. [...] However, I note that whether or not other neighbours smoke is not determinative of whether the smoke from SL9 is a nuisance to the applicants. [...] Orders About Smoking 46. The applicants request an order that their neighbours stop smoking on common property.
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11.
The Owners, Strata Plan LMS 1763 v. Maclean et al - 2018 BCCRT 638 - 2018-10-22
Strata Property Decisions - Final Decision22. They deny that their unit smells of smoke, or that the nearby hallways ever smelled of smoke. [...] Should the owners be ordered to stop smoking in their strata lot? 29. I have found that the owners violated the bylaws by smoking inside their strata lot in a way that creates a nuisance to other strata lot owners and where other occupants smelled the smoke. [...] a. the respondents immediately stop smoking in their strata lot; b. the respondents immediately bring themselves into compliance with the strata’s smoking bylaw including barring any occupants or guests of strata lot 12 from smoking in it ; and
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12.
McIntosh v. Weinehl - 2021 BCCRT 18 - 2021-01-07
Strata Property Decisions - Final Decisiona. Ms. Weinehl immediately stop smoking in her unit, b. The strata and Ms. Weinehl prevent further smoke from entering Ms. McIntosh’s unit or the hallway, [...] 33. Ms. Weinehl denies smoking in SL23 and says there has not been smoke from SL23 in the CP hallway or in other units. [...] Should there be a future complaint about smoking, the strata must investigate and enforce the smoking or nuisance bylaws, as applicable.
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13.
St Pierre v. The Owners, Strata Plan BCS1586 - 2022 BCCRT1284 - 2022-11-29
Strata Property Decisions - Final DecisionDoes Mr. St Pierre’s cannabis smoking breach strata bylaws? 24. The parties agree the strata has no bylaws specifically restricting smoking or cannabis use. [...] There is no indication that smoking dried cannabis is required. Also, as noted above, Mr. St Pierre says he smokes cannabis 3 to 4 times each day. [...] b. Mr. St Pierre must immediately stop smoking cannabis in areas where the smoke enters common property or other strata lots.
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14.
The Owners, Strata Plan NW 3164 v. Wondga et al - 2018 BCCRT 145 - 2018-04-19
Strata Property Decisions - Final Decisiona. Have the respondent owners breached the strata’s smoking bylaw? b. Should the respondent owners be ordered to stop smoking in their strata lot? [...] Thus, I find the respondents breached the strata’s smoking bylaw. 32. I order the respondents to comply with bylaw 3(9) and in particular to stop smoking in their strata lot. [...] 45. I order the respondents to comply with the strata’s smoking bylaw, and in particular, I order them to immediately stop smoking in their strata lot.
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15.
The Owners, Strata Plan LMS 2900 v Mathew Hardy - 2016 BCCRT 1 - 2016-11-24
Strata Property Decisions - Final DecisionThe strata’s smoking bylaw 15. The strata’s bylaws, filed in the land title office in September 2009, have the following nuisance and smoking provisions (the smoking bylaw): [...] They specifically identify the owner’s unit as the source of the smoke. [...] 54. I find the owner’s smoking of tobacco and marijuana contravened the strata’s smoking bylaw.
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16.
Ueda v. Dogaru - 2023 BCCRT 696 - 2023-08-17
Strata Property Decisions - Final Decision1. This dispute is about alleged smoking and vaping in a strata corporation. [...] She said they were smoking cigarettes on SL22’s back patio, and the smoke was entering SL23 through the open windows. [...] 55. As explained above, bylaw 4(3) permits registered “smoking” owners to smoke in their strata lots, but they must take reasonable efforts to seal their strata lot and not permit the smoke, odour or vapours to escape such that it can be smelled by another resident.
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17.
Wiebe v. The Owners, Strata Plan LMS 4512 - 2022 BCCRT 533 - 2022-05-04
Strata Property Decisions - Final Decision3. Mr. Wiebe says he smells cigarette smoke in SL29 and that the strata refuses to enforce the strata’s bylaws about smoking. [...] Bylaw 45.1: A resident or visitor must not smoke on common property. [...] Smoking bylaws 26. At the outset, I note that neither of the strata’s bylaws about smoking, bylaw 4.10 and 45.1, prohibit smoking in a strata lot.
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18.
Teh v. The Owners, Strata Plan 202 - 2021 BCCRT 180 - 2021-02-16
Strata Property Decisions - Final DecisionThe strata wrote that common areas of the strata “allow smoking”, writing “Ocean Pines is NOT a non smoking property at this time.” (emphasis in original) [...] The tenants provided a statement denying smoking in SL14. The strata says that spot checks it conducted did not turn up any smoking inside SL14. [...] Where they are able, smoking residents residing near Ms. Teh should be directed to smoke outside, away from any windows or air intakes.
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19.
The Owners, Strata Plan 582 v. Dogaru - 2022 BCCRT 169 - 2022-02-15
Strata Property Decisions - Final DecisionIt said the new smoking prohibition would not apply to any owners, occupants or tenants who currently smoked within their strata lots at the time the bylaw was passed, and registered as smokers with the strata council within 90 days of the non-smoking bylaw’s passage. [...] • They are permitted to smoke because they are exempt from the non-smoking bylaw. [...] 20. As noted above, the strata requests a CRT order that the respondents are exempted from the non-smoking bylaw and may smoke in their strata lot.
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20.
Commisso v. The Owners, Strata Plan LMS 2188 - 2022 BCCRT 1365 - 2022-12-22
Strata Property Decisions - Final Decision1. This dispute is about bylaw fines for smoking and excessive noise. [...] 16. The strata says that Ms. Commisso has smoked cigarettes to the extent that smoke entered other strata lots. [...] 29. In addition to reporting the ongoing smoking to the strata, the evidence shows the complainants have advised Ms. Commisso on several occasions that they smell smoke in their unit from her continual smoking.
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21.
Yee v. The Owners, Strata Plan EPS3863 - 2021 BCCRT 45 - 2021-01-15
Strata Property Decisions - Final DecisionIt says it enforced its nuisance and smoking bylaws in a reasonable manner. [...] The bylaw contravention involved second-hand smoke. I find this required the strata to act with greater urgency because second-hand smoke is a health hazard. [...] Instead, it provided evidence that TLC would continue to smoke and send second-hand smoke into strata lot 30 through the vents and baseboard area.
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22.
Sadeghvishkaei v. The Owners, Strata Plan EPS7877 - 2023 BCCRT 465 - 2023-06-01
Strata Property Decisions - Final DecisionDid Mr. Sadeghvishkaei’s neighbour breach the strata’s smoking bylaw? [...] The strata manager also said the resident in the strata lot on the other side of the neighbour (in A227) said they had never smelled smoke or seen the neighbour smoking. [...] The letter states they did not have any issues with smoke from the neighbour and had only smelled smoke near the elevator, which is not near their strata lot.
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23.
The Owners, Strata Plan NES2613 v. Ramsay - 2023 BCCRT 863 - 2023-10-11
Strata Property Decisions - Final DecisionThey also say their tenancy agreement allows them to smoke. Finally, they say that Mrs. Ramsay cannot smoke outside because of mobility issues. [...] Does the strata’s bylaw against smoking apply to the Ramsays? 12. The Ramsays do not deny smoking in their strata lot or on their patio. [...] They make several arguments about why the smoking bylaw should not apply to them.
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24.
Foulds Kennedy v. The Owners, Strata Plan LMS 1495 - 2019 BCCRT 1098 - 2019-09-18
Strata Property Decisions - Final DecisionThe Smoking Complaints 13. The owner states that there is smoke coming into her strata lot every day and she has provided a smoking log from May 2019 to indicate when the smoking has recently occurred. [...] 16. The strata acknowledges that the owner has been making complaints about second-hand smoke but it says that no evidence has been submitted to prove where the smoke is coming from or even if there is any smoke. [...] The applicant made contemporaneous complaints about the smoking, attended at a council meeting, as well as emailing the council and submitting a smoke log.
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25.
The Owners, Strata Plan KAS879 v. Casorso - 2020 BCCRT 491 - 2020-05-04
Strata Property Decisions - Default DecisionThe respondent says the bylaws do not prohibit smoking and that she has taken reasonable steps to dissipate the smoke. [...] The strata asked the owner to refrain from smoking on the patio and asked her to find alternative places to smoke from time to time or invest in an air purifier so she could smoke indoors. [...] Since the complaint is about smoking on the patio, not in the owner’s unit, I order that the owner not smoke on the patio of her unit.