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York Condominium Corporation No. 444 v. Ryan et al. - 2023 ONCAT 129 - 2023-01-30

Corporation:

YCC 444

Date:

2023-01-30

Under:

CAT Decisions - Consent Order
Odour
Smoke and/or vapour

Summary:

The case titled "York Condominium Corporation No 444 v Ryan et al" was settled through a consent order in the Condominium Authority Tribunal. The case involved a dispute concerning odour, smoke, and/or vapour in a condominium unit. The consent order states that the respondent will be removed as a party to the case, and the tribunal will disable her access to the online dispute resolution system. The order also requires the respondent to prevent tobacco smoke and/or odours from affecting other units or common areas. The corporation is obligated to investigate any complaints and provide evidence if odour transmission is found. Both parties are allowed to seek further remedies in relation to the issue.

Verdict:

Verdict/Lesson: In the case of York Condominium Corporation No 444 v Ryan et al, a consent order was issued by the Condominium Authority Tribunal. The order requires the respondent to prevent tobacco smoke and/or odours from disturbing other units, with the corporation obligated to investigate any complaints. The consent order allows for further enforcement steps and future applications to be taken by both parties.

Takeaways:

Takeaways:

The case was settled through a consent order in the Condominium Authority Tribunal.
The order requires the respondent to prevent tobacco smoke and/or odours in their unit from disturbing others.
The corporation is obligated to investigate complaints and provide evidence of odour transmission.
The consent order does not prevent further enforcement steps or future applications related to odour transmission.
Each party has the right to seek remedies regarding the enjoyment of their unit.

Recommendations: 

Recommendations:

Ensure proper compliance with condominium rules and regulations to prevent disputes and potential legal actions.
Take steps to prevent smoke and/or odour transmission that may disturb other residents in condominium settings.
Promptly address and investigate any complaints related to tobacco smoke and/or odours and provide relevant evidence to substantiate the complaint.

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