238 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(c) The strata passed a no smoking bylaw on March 28, 2017 which became effective April 12, 2017. (d) Smoking was a common source of complaint to the respondent strata prior to the passing of the no smoking bylaw. [...] 42. The respondent admits to smoking on her balcony frequently. She admits to smoking inside her unit for one week during this period. [...] 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.
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2.
Hill v. The Owners, Strata Plan VR 145 - 2019 BCCRT 1153 - 2019-10-02
Strata Property Decisions - Final DecisionShe says she has been bothered by the smoke since 2011 and that after the non-smoking bylaw passed the strata failed to enforce it. [...] The owner has provided smoke logs which show multiple incidents where the owner alleges she smelled smoke. [...] The strata notes that at one point the smoking log alleged that smoke was coming from unit 903 when they were not in town.
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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 strata argues if it had proof of smoke entering the owner’s strata lot it would respond appropriately. The Smoking Complaints [...] 24. The owners of 903 told the strata that they did not smoke in their unit and always go to the park across the street to smoke.
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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 their smoke logs during the test period support that they did not smell smoke from SL123. [...] In essence, the letter says the bylaws do not prohibit smoking outside the building and the strata’s attempt to amend its smoking bylaw to prohibit smoking on balconies failed. [...] Confirmation that smoking occurs on SL123’s balcony does not prove that smoke enters a strata lot 5 floors above.
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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”. [...] The question is whether Ms. Dhanani has proven on a balance of probabilities that the smoke is coming from Ms. Tonsic smoking in SL143 as alleged. 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. Ms. Tonsic says she smokes tobacco cigarettes but has never used e-cigarettes, vaping or any other form of smoking.
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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. 12. On February 27, 2014 the owner and strata signed an agreement allowing the owner to smoke in her unit notwithstanding the no smoking bylaw. [...] However, she says that smoke from her unit may not be the only cause of smoke. In this regard, she points to 2 complaints that mention smoke when she was not at home, to forest fire smoke, pollen and to observations of cigarette butts in stairwells and near the building. [...] 25. Given the continued escape of smoke, the council told the owner she must stop smoking in her unit. I accept that council made this request to prevent the release of smoke as intended by the agreement.
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7.
The Owners, Strata Plan NW 2539 v. Renpenning - 2019 BCCRT 232 - 2019-02-27
Strata Property Decisions - Final Decisiond. a mild tobacco smoke odour may have been present in unit 10; e. tobacco was not smoked in the owner’s unit at the time of the assessment; [...] 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. [...] 56. The owner has admitted to smoking in her unit. However, this is not a case where the owner’s unit is the only possible source of smoke.
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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. [...] The November 4, 2020 strata council minutes say that the smoking complaints would be “tabled” until a smoking bylaw amendment was presented. [...] 31. Ms. Brookes complained of smoke odours again in February 2021. The strata council sent SL35 another bylaw violation notice for smoking on March 16, 2021.
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9.
Karnik v. Kulasik - 2022 BCCRT 923 - 2022-08-15
Strata Property Decisions - Final Decision22. Mr. Kulasik admits that he occasionally smoked in his strata lot until January 1, 2022. He 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. [...] Except for the January 3, 2022 violation, I find Mr. Kulasik does not deny smoking on each of the 11 occasions for which the strata imposed a bylaw fine for smoking. [...] 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.
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10.
Culley v. York - 2024 BCCRT 968 - 2024-09-27
Strata Property Decisions - Final DecisionShe says that Scott York continually smokes on their balcony or in SL68 with the balcony door open. She says this causes smoke to enter SL69. [...] a. a June 16, 2022 letter asking BB to refrain from smoking on their patio, otherwise fines might apply, b. a July 11, 2022 letter about Ms. Culley’s July 10, 2022 complaint about smoking on the patio, again asking BB to refrain from smoking on the patio or to use a fan or “smoke-eater” if they do so, [...] Given this evidence, I find Scott York smoked on these 5 occasions and created the secondhand smoke Ms. Culley complained of.
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11.
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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12.
The Owners, Strata Plan LMS 1763 v. Maclean et al - 2018 BCCRT 638 - 2018-10-22
Strata Property Decisions - Final DecisionThe strata says the respondents smoke in their strata lot, contrary to the strata’s Bylaws. Fines have been imposed but the respondents continue to smoke in their unit. [...] a. Have the owners breached the strata’s bylaws by smoking in their strata lot? b. Should the owners be ordered to stop smoking in their strata lot? [...] 22. They deny that their unit smells of smoke, or that the nearby hallways ever smelled of smoke. The respondents suggest that a smoker in an adjacent unit is responsible for the smoke smell.
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13.
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. [...] 53. Ms. McIntosh complained of smoke in September 2019, and the strata continued to be made aware of ongoing smoke issues until at least September 2020.
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14.
St Pierre v. The Owners, Strata Plan BCS1586 - 2022 BCCRT1284 - 2022-11-29
Strata Property Decisions - Final DecisionThere 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. [...] Location of Smoking 47. Even if smoked cannabis was necessary to accommodate Mr. St Pierre’s disabilities, I find he has not proved it is necessary to smoke on his back patio, rather than in another location that would have less impact on his neighbours. [...] 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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15.
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? [...] Instead, he denies that the Wondgas breached the smoking bylaw, and submit the strata never attended their unit to confirm if the complainants’ smoking complaints had any validity. [...] 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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16.
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. According to Resident 2, the smoke causes their spouse to have headaches and nausea. [...] Instead, he argued that he was entitled to smoke marijuana due to his disability. I have also put weight on Mr. Rettie’s evidence that there have been three more complaints by those most affected by the owner’s smoking and that this second-hand smoke is concentrated outside the owner’s door.
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17.
Ueda v. Dogaru - 2023 BCCRT 696 - 2023-08-17
Strata Property Decisions - Final Decisionfirst brought in its non-smoking bylaw. Bylaw 1.3(5)(9) 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 who registered as smokers with the strata council within 90 days of the non-smoking bylaw’s passage. [...] On June 26, 2021, Ms. Ueda began emailing the strata, complaining about smoke from SL22. 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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18.
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. [...] 18. Before July 2020, Mr. Wiebe concluded the smoke was coming from his next door neighbour. Through correspondence between the neighbour and the strata manager, the neighbour admitted to smoking in their strata lot until February 2020, when they said they quit smoking, apparently because of a “health scare”. [...] Despite the neighbour’s assertion they quit smoking cigarettes, and that they took steps to change their lifestyle, Mr. Wiebe says he continued to smell smoke in SL29 after February 2020.
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19.
Couture v. Okanagan Housing Cooperative Association - 2024 BCCRT 603 - 2024-06-26
Societies/Cooperative Association Decisions - Final DecisionSmoking Prohibition 14. In June 2023, the co-op filed a new OA with the Registrar of Companies. [...] • Section 8.04(b) defines smoking as inhaling, exhaling, burning, or “ordinary use” of any “product whose use generates smoke”. [...] Necessity of Smoking 30. In The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 BCCRT 1, the CRT considered a similar dispute where a strata lot owner was fined because his marijuana smoking breached strata bylaws.
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20.
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) [...] 89. Having said that, the strata had an obligation to investigate Ms. Teh’s smoke complaints, whether or not she correctly identified the source of smoke. [...] 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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21.
The Owners, Strata Plan 582 v. Dogaru - 2022 BCCRT 169 - 2022-02-15
Strata Property Decisions - Final Decisionthe strata first brought in its non-smoking bylaws. It 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. This includes permission to smoke in the backyard area, since that is shown as part of the strata lot on the strata plan. [...] 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. The strata also requests an order that the respondents stop permitting smoke/odour/vapour to escape unit 8.
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22.
Commisso v. The Owners, Strata Plan LMS 2188 - 2022 BCCRT 1365 - 2022-12-22
Strata Property Decisions - Final DecisionThe bylaw specifically states at the end: “For example: second hand smoke or illegal substances”. b. Bylaw 3.8(a) says an owner must only smoke or vape within their strata lot. [...] Ms. Commisso’s alleged smoking 17. Three of the disputed fines, totalling $600, relate to Ms. Commisso allegedly smoking cigarettes in and around her strata lot. [...] It also stated that they smell smoke under their sinks and in the closet for their washer and dryer, and that they have been woken up in the night to the smell of cigarette smoke.
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23.
Sadeghvishkaei v. The Owners, Strata Plan EPS7877 - 2023 BCCRT 465 - 2023-06-01
Strata Property Decisions - Final Decision11. The Dispute Notice makes claims of breaches of bylaws about smoking and nuisance. On its face, I find the Dispute Notice reference to nuisance is about smoking. [...] 24. The strata sent a second smoking bylaw violation letter to the neighbours on August 2, 2022, about a July 21, 2022 smoking complaint, but the details of who made that complaint are unclear. [...] 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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24.
Yee v. The Owners, Strata Plan EPS3863 - 2021 BCCRT 45 - 2021-01-15
Strata Property Decisions - Final DecisionShe complained about the second-hand smoke and scents from strata lot 29 entering her strata lot. She said most of the smoke came through the vents, and some through the front door and baseboard area. [...] 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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25.
The Owners, Strata Plan NES2613 v. Ramsay - 2023 BCCRT 863 - 2023-10-11
Strata Property Decisions - Final Decision2. The Ramsays say they have lived in the strata for over 15 years, long before the strata had a smoking bylaw. They also say their tenancy agreement allows them to smoke. [...] 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. [...] 24. On January 30, 2022, the strata received an email complaint about cigarette smoke from the resident below the Ramsays. The resident said the Ramsays were smoking on their patio.