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CAT Orders Smoker to Pay for Air Purifier Required by Neighbour

James Davidson
Publication date:
January 24, 2023
Article Summary: 

In the case of Baker v. Pecarski, where a resident was smoking in violation of the condominium corporation's "no smoking" rule, the CAT ordered the smoker to pay damages of $2485.99 to their neighbor for the purchase of an air purifier to alleviate the impact of second-hand smoke. The Tribunal cited Section 1.44(1)3 of the Condominium Act, which allows for compensation for damages resulting from non-compliance. This case highlights the practical remedies available and the CAT's authority to award compensation for related damages. The decision suggests that condominium corporations could consider covering the upfront cost of such remedies and seeking recovery from the non-compliant party. Stay updated on condominium law developments with Condo Law News.


Keywords: CAT, smoking, condominium corporation, damages, non-compliance, Condominium Act, air purifier, second-hand smoke, practical remedies, compensation

Source Citation: 
James Davidson
CAT Orders Smoker to Pay for Air Purifier Required by Neighbour
January 24, 2023
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