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Smoke and Odours: Not Always a Nuisance

Robson Carpenter
Publication date:
March 28, 2023
Article Summary: 

Explores the topic of smoke and odours in the context of condominium living. The post highlights that while smoke and odours can be a source of annoyance and discomfort for some residents, not all instances of smoke and odours can be considered a legal nuisance under the Condominium Act, 1998 in Ontario, Canada. The post discusses the legal framework and principles surrounding nuisance claims, emphasizing that a nuisance must be substantial and interfere with the reasonable enjoyment of the property. It also explains that each situation involving smoke and odours must be assessed on a case-by-case basis, taking into account factors such as the nature and extent of the smoke or odour, the duration, and the impact on other residents. The blog post provides examples of scenarios where smoke and odours may or may not constitute a legal nuisance. It concludes by highlighting the importance of open communication, cooperation, and seeking legal advice to address and resolve disputes related to smoke and odours in condominiums.


Keywords: Smoke, odours, nuisance, Condominium Act, 1998, condominium living, annoyance, discomfort, legal framework, principles, substantial, reasonable enjoyment, case-by-case basis, nature, extent, duration, impact, residents, examples, communication, cooperation, legal advice, disputes, condominiums.

Source Citation: 
Robson Carpenter
Smoke and Odours: Not Always a Nuisance
March 28, 2023
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