Smoke and vapour

You may be able to file an application with the Tribunal if you tried the previous steps and they did not work. The Tribunal’s online resolution system helps condo communities resolve condo disputes conveniently, quickly and affordably.

CAT uses a three-stage dispute resolution process:

• In Stage 1 – Negotiation, you will work with the other parties to try and resolve the dispute
• In Stage 2 – Mediation, you will work with a mediator to try and resolve the dispute
• In Stage 3 – Tribunal Decision, you will be able to make your case to a Tribunal member in an online hearing.

The Member will then issue a binding order.

Only unit owners, mortgagees and condo corporations can file, smoke and vapour application with the Tribunal.

The Tribunal can deal with two types of smoke and vapour disputes:

1. Disputes about activities that cause unreasonable nuisances, disruptions or annoyances
   • You can file an application about an unreasonable smoke and vapour issue regardless of what your condo’s governing documents say.
   • The Tribunal can only deal with disputes about activities that cause these issues, such as a person smoking or vaping. The Tribunal cannot deal with disputes about conditions that cause these issues such as outstanding repair or maintenance issues.
2. Disputes about smoke and vapour provisions in your condo corporation’s governing documents. This includes disputes involving:
   • Compliance with provisions in the corporation’s governing documents related to smoke and vapour
   • The consistency or reasonableness of those provisions
   • The applicability of those provisions
   • Any related indemnification or compensation

Learn more about the Tribunal’s process and the Tribunal’s jurisdiction

You can read all the CAT’s previous orders and decisions to learn more about the types of smoke and vapour disputes seen at the Tribunal and how those were resolved.

Access the CAT’s previous decisions about smoke and vapour on our website.

Check out our legal resources page for more information on affordable legal advice, free legal information and legal expense insurance.