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Parachuk v. Karakoc - 2023 ONCAT 198 - 2023-12-18


PK 198


Mon Dec 18 2023 00:00:00 GMT+0000 (Coordinated Universal Time)


The case of Parachuk v. Karakoc involves a dispute between the applicant and the respondent over alleged unreasonable odours caused by the use of a charcoal-burning water pipe in the respondent's condo unit. The applicant argues that the odours are interfering with her quiet enjoyment of her own unit and violating the Condominium Act and the rules of the corporation. The Condominium Authority Tribunal found insufficient evidence to support the applicant's claims and made no finding regarding the corporation's obligations to address the concerns. However, the tribunal ordered the corporation to investigate if an air quality assessment report finds excessive odour infiltration and take reasonable steps to mitigate it.


CAT Decisions - Decision
Smoke and/or vapour


The tribunal found insufficient evidence to support the claim of unreasonable odours caused by a water pipe in the condo unit, emphasizing the importance of substantial evidence in forming a decision.


Insufficient evidence can lead to dismissal of claims regarding unreasonable odours in a condominium dispute.
The responsibility to investigate and mitigate excessive odour infiltration lies with the condominium corporation.
The Condominium Act takes precedence over the provisions set out in a corporation's governing documents.


Collect substantial evidence, such as logs or witness testimonies, to support claims of odour-related issues in a condominium dispute.
Condominium corporations should have clear rules and guidelines regarding smoking and odour-related nuisances to avoid confusion and disputes.
In cases of excessive odour infiltration, it is crucial for the condominium corporation to promptly investigate and take appropriate steps to mitigate the issue.

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