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Metropolitan Toronto Condominium Corporation No. 1002 v. Ruiz - 2022 ONCAT 131 - 2022-11-23

Corporation:

MTCC 1002

Date:

2022-11-23

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Odour
Smoke and/or vapour

Summary:

This case involves a dispute between Metropolitan Toronto Condominium Corporation No. 1002 (MTCC 1002) and a tenant of unit 817. MTCC 1002 alleges that the respondent is smoking cannabis in her unit, which is a violation of the condominium's rules. MTCC 1002 seeks an order from the tribunal to compel Ruiz to comply with the rules and stop smoking cannabis. The case proceeded with the respondent as the sole respondent since the owner was not named as a party. After considering the evidence provided by MTCC 1002, the tribunal found that Ruiz is indeed smoking cannabis in her unit, in breach of the condominium's rules. As a result, the tribunal ordered the respondent to comply with the rules and immediately stop smoking cannabis in her unit.

Verdict:

the quick verdict in this case is that the Respondent has been found to be smoking cannabis in her unit in violation of the condominium corporation's rules. The Tribunal orders the respondent to comply with the rules and immediately stop smoking cannabis in her unit. The lesson from this case is the importance of adhering to the rules and regulations set by the condominium corporation to ensure a harmonious living environment for all residents.

Takeaways:

Takeaways:

MTCC 1002 alleged that the respondent was smoking cannabis in her unit, violating the condominium's rules.
The owner of the unit was not named as a party in the case, and it was clarified that the orders would only affect the respondent, the tenant.
The tribunal found that the respondent was indeed smoking cannabis in her unit, and as a result, she was ordered to comply with the rules and stop smoking immediately.

Recommendations: 

Recommendations:

Condominium corporations should clearly communicate and enforce rules related to smoking, including the prohibition of cannabis, within the units and common areas.
Unit owners and tenants should respect the rules and regulations regarding smoking in their units and be mindful of the impact their actions may have on the comfort and enjoyment of neighboring residents.
Condominium corporations may consider implementing a process to address non-compliance, including sending written notices, seeking legal advice, and potentially involving the Tribunal if necessary.

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