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Baker v. Pecarski - 2023 ONCAT 7 - 2023-01-18

Corporation:

BP 7

Date:

2023-01-18

Under:

CAT Decisions - Decision
Odour
Smoke and/or vapour

Summary:

In the case of Baker v. Pecarski, A unit owner in Essex Condominium Corporation No. 28 (ECC 28), filed an application against his neighbor seeking reimbursement for the cost of an air purifier he had to purchase due to the respondent's noncompliance with ECC 28's smoking rule (Rule 29). The tribunal found that the respondent's continued smoking in violation of the rule had caused damages to the applicant and ordered the respondent to pay compensation in the amount of $2,485.99. Additionally, the respondent was directed to reimburse the applicant $150 for the tribunal fees.

Verdict:

Verdict / Lesson:
In the case of Baker v. Pecarski, the tribunal found in favor of the Applicant ordering the Respondent to pay $2,485.99 as compensation for the cost of an air purifier, as a result of the respondent's noncompliance with the condominium's smoking rule. Additionally, the respondent was directed to reimburse the applicant $150 for the tribunal fees. The case highlights the importance of enforcing condominium rules to maintain a peaceful living environment and the financial consequences of noncompliance.

Takeaways:

Takeaways:

The case revolved around a unit owner's request for compensation due to a neighbor's noncompliance with condominium smoking rules.
The tribunal can order financial remedies for damages caused by rule violations within a condominium community.
The decision highlighted the importance of enforcing condominium rules to maintain a peaceful living environment.
Noncompliance with condominium rules can result in financial consequences for the responsible party.
The tribunal's authority to make orders and determine costs is outlined in the Condominium Act and its Rules of Practice.

Recommendations: 

Recommendations:

Condominium owners should adhere to established rules and bylaws, especially those related to issues like smoking, to ensure a harmonious living environment.
Condominium management should take prompt enforcement measures when violations occur to protect the rights and well-being of other unit owners.
Parties involved in condominium disputes should consider negotiation and settlement as an effective means to resolve issues without prolonged legal proceedings.
Seek legal counsel or representation when dealing with complex condominium-related disputes to ensure your rights are protected and understood under relevant laws and regulations.
Stay informed about the specific condominium rules and regulations in your community to avoid unintentional violations.

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