Here’s what to do now that you’ve identified your issue.

Investigate the source of the odour, including by speaking to anyone who has reported the issue. If the source is a unit, determine if that unit is owned or leased by checking the record of owners and mortgagees or the corporation’s record of leased units.

Speak to whomever is causing the issue. They may not be aware, so speaking to them about it may resolve the issue quickly.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Depending on how the owner or occupant responds, you could:

• Call a meeting to discuss how the issue could be resolved with the owners and anyone else affected
• Learn more about how to handle a request for accommodation if a resident requests one.
• File an application with the Tribunal

Here’s what to do now that you’ve identified your issue.

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code and your condo’s governing documents.

Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.

It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.

You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request. The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code.

The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.

The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.

You may be able to file an application with CAT depending on the type of issue you are experiencing. The CAT can only hear Human Rights Code related issues if those issues are related to a dispute that falls within its regular jurisdiction.

You may not be able to file an application with the Tribunal if:

• The dispute does not relate to an unreasonable pet issue or to provisions in your condo corporation’s governing documents dealing with odour.
• There is a decision or order from the HRTO that deals with the same issues.

Here’s what to do now that you’ve identified your issue.

The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:

Start by contacting your board and management. They may agree with you about changing the governing documents.

If they don’t, you may also wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.

You may be interested in the Law Society Referral Service, which is an online service that connects people in need with licensed lawyers and paralegals. The service is free and you may receive up to a half-hour free consultation.

CAO cannot provide legal advice.

You can also send a templated letter if you are uncomfortable speaking to your board or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Here’s what to do now that you’ve identified your issue.

Did a neighbour or your condo corporation claim that an unreasonable odour is coming from your unit or you are not complying with your condo’s governing documents? 

Here’s what to do now that you’ve identified your issue.

Is the odour caused by common elements, such as a garbage chute? Make sure to speak to your condo board or manager about your concerns. Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Here’s what to do now that you’ve identified your issue.

Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly. Your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

Here’s what to do now that you’ve identified your issue.

You should contact your condo board if you can’t determine the source of the odour. Otherwise, find out who owns the unit that is causing the odour and get in touch with them.

You can learn who owns a unit by reviewing a condo record called the Record of owners and mortgagees. This record includes the names and addresses of all unit owners in your condo corporation.

Owners are required to notify their condo if they rent out or lease their units. Condo corporations are required to maintain a record of the notices they receive under the Condo Act.

You can review these records to determine if the person causing the odour is an owner or an occupant.

Your neighbour may not be aware that they are causing an odour issue. The first step should always be to speak to them and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked.

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

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

You can read all the CAT’s previous orders and decisions to learn more about the types of pet and animal disputes seen at the tribunal, and how they were resolved.

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

Identify your situation to get started and try out our tailored solutions before deciding if you need to escalate your issue.

The Condo Act prohibits anyone from causing an odour related nuisance, annoyance or disruption in a condo. Corporations often also have prohibitions against creating unwanted odour in their governing documents.

There may be municipal bylaws regarding odour, depending on where you live.

Odours can be unreasonable if they interfere with someone’s right to use and enjoy their unit. The Condo Act prohibits unreasonable odours in units or common elements regardless of what the condo’s governing documents say.

The Condo Act prohibits everyone from causing an nuisance, annoyance, or disruption in a condominium, regardless of what a condominium corporation’s governing documents say.

If you have an odour-related issue, you should notify your condominium corporation as soon as possible so they can deal with it.

A condominium corporation is legally required to take action to address an odour-related issue that:

• Is causing an nuisance, annoyance or disruption
• Violates the Condo Act or the corporation’s governing documents

Condo boards may not be able to control odours from outside the corporation’s property. This includes odours coming from other buildings, traffic or nearby construction. This is an area that is governed by your local municipality through their garbage pick-up bylaws.

You may need to address this by reviewing those bylaws and contacting local enforcement bodies.

Poor maintenance of the condo can also lead to odours, such as a broken garbage chute. You need to determine who is responsible for repairs before you can address the odour issue. Your condo’s declaration will outline responsibilities for repairs and maintenance. Generally, condos are responsible for repairing common elements.

Condo boards or owners may take legal action against residents that cause unreasonable odours, including by filing an application with the Condominium Authority Tribunal.

Owners can also take action against a corporation that is either causing unreasonable odours or is not taking adequate steps to address odours created by other residents.

Only owners and condo corporations can file cases with the Tribunal. Tenants or other non-owner occupants should contact the unit owner if they have an odours issue.