Smoke & Vapour

You may be able to file an application with the Tribunal if trying the previous steps did not work. Our Tribunal is intended to help condo communities resolve disputes conveniently, quickly and affordably. CAT cases are asynchronous and fully online.

Filing an application with the Tribunal is a serious matter. A Tribunal application is a legal action, and applicants are required to provide evidence and arguments to prove their case.

You should think carefully and build your case before filing an application. This includes identifying what outcome you want, how the law applies and how you can prove it. Use this worksheet to get started. 

The Tribunal is guided by the Canadian Charter of Rights and Freedom’s open court principle and is committed to transparency. This principle requires that the CAT provide public access to some adjudicative records to those who request them. This includes details of an application, including documents submitted within that application, with some exceptions. The CAO’s Access and Privacy Policy provides a full list of the types of adjudicative records that will be provided on request, which includes a copy of the application, any documents required to be provided when the application was filed and any evidence or submissions made during the hearing. 

All of the Tribunal’s decisions and non-procedural orders will also be made available online on the CAO’s website and CanLII. 

Condo corporations may also be required to disclose the existence and status of Tribunal applications in information certificates and in status certificates. 

Settlement offers and any settlement-related messages will remain private and confidential.

Only condo owners, mortgagees and condo corporations can file CAT cases. Tenants or occupants must speak to their landlord or the condo corporation to resolve their issue, usually by having the landlord or the corporation file a case.

The Tribunal can deal with issues that occurred within the last two years. The Tribunal can extend this timeline to three years if it wouldn’t be unfair to the other parties, but extensions are not guaranteed.

The Tribunal can deal with two different types of Smoke & Vapour disputes:

1. Disputes about smoke or vapour that is considered a nuisance, annoyance or disruption caused by a person or an activity.
   • • Example: An owner or occupant is smoking in their unit or the common elements and it disturbs other residents.
   • The Tribunal cannot deal with disputes about conditions that cause these issues.
     • Example: Smoke and vapour issues caused by outstanding repair or maintenance issues.

2. Disputes about provisions in your condo’s governing documents that prohibit, restrict or otherwise govern smoke or vapour. This includes disputes about:
   • Compliance with or enforcement of the provisions. Examples:
     • An owner or occupant is smoking cannabis on the property against the condo corporation’s rules.
     • An owner wants to dispute an enforcement action that a condo corporation has taken against them.
   • The consistency or reasonableness of those provisions.
     • Example: An owner believes that a smoke or vapour rule is inconsistent with the declaration or is unreasonable
   • ⁠Whether the condominium corporation followed the required process set out under the Act to make, amend or repeal a provision.
     • Example: An owner challenging the validity or enforceability of a new smoke or vapour rule that the condo corporation implemented without following the mandatory process set out in the Act.
   • Any related indemnification or compensation. Examples:
     • An owner wants to dispute a chargeback they have been asked to pay for breaching the corporation’s smoke or vapour rules
     • A condo corporation wants the Tribunal to order an owner or occupant to reimburse the condo corporation for its costs in enforcing compliance with the corporation’s smoke or vapour rules.

Understanding the differences can help you frame your argument in your application more effectively, avoid unnecessary costs and set realistic expectations for the process. So what’s the difference? 

• Nuisance: A substantial and unreasonable interference with someone’s use or enjoyment of their unit or common elements. The impact, frequency and duration are significant enough that they can’t be ignored.
• Annoyance: Conduct that causes mental distress or irritation beyond what a reasonable person should be expected to tolerate.
• Disruption: Behaviour that unreasonably interferes with normal daily activities or creates disorder in the community.

If you are thinking about applying to the Tribunal, it’s important not only to tell your story, but clearly describe how the behaviour has affected you in legal terms. Framing your experience correctly can lead to a smoother case process, a more informed decision and a faster resolution for everyone involved.