Grandparented Smoker Has Right to Smoke Revoked Under Corporation’s Rules

In the case of York Condominium Corporation No. 266 v. Jaromira Linhart, the court upheld the condominium corporation's decision to revoke a grandparented smoker’s right to smoke due to health and nuisance complaints. Ms. Linhart, a lifelong smoker, purchased her unit in 2017, and despite a “no smoking” rule introduced in 2018, she was initially allowed to continue smoking under a grandparenting provision. However, complaints soon arose from neighbors, including one with a severe smoke allergy. The corporation attempted to mitigate the smoke migration by sealing vents and communicating with Ms. Linhart, who also tried using an air purifier. These measures failed to resolve the issue, leading to the revocation of her smoking exemption.

The court ruled that Ms. Linhart’s smoking violated section 117 of the Condominium Act, 1998, as it harmed another resident’s health. Despite the breach, Ms. Linhart was only ordered to pay $500 in costs, significantly less than the $7,424.15 requested by the corporation. The court acknowledged the case's precedential value for handling similar future situations. The ruling emphasized the corporation’s obligation to make reasonable efforts to resolve such issues before revoking smoking privileges. This decision reinforces that condominium corporations' smoking rules, including grandparenting limits, are enforceable by courts when health and nuisance concerns are substantiated.