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Smoking in Stratas

Smoking is a polarizing issue, typically smoker vs non-smoker. This debate can become heated in the strata complex when people live close together and it is a question of who has the greater right: the person who wants to live in a smoke-free home or the smoker who has been smoking for many years and is most likely addicted.

This has come up twice now in reported CRT decisions: The Owners, Strata Plan LMS 2900 v. Mathew Hardy, 2016 BCCRT 1; and Mundel et al v. Hastings-Evans et al, 2017 BCCRT 108.

In the case of Hardy, the strata corporation sued the owner to stop him from smoking tobacco and marijuana in his unit. The strata had a bylaw that banned smoking on the strata plan in a way that was a nuisance to others.

Mundel was an individual owner suing her neighbour and the strata corporation to stop the neighbour from smoking in her unit. In the case of Mundel, the strata had a no smoking bylaw anywhere on the strata plan, but had 'grandfathered' owners residing in their unit …

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