The Smokers Next door

[dpylyp]

If you are a homeowner and your neighbour causes damage or injury to your property, under Canadian Law there is recourse under the provisions of nuisance.

Let us suppose that you have a condo for sale, but you are unable to find a suitable buyer because the adjoining unit owners are heavy smokers. The smells seem to eminate thru the walls and into your unit. Potential unit Buyers have entered and left; saying the odors as the reason they would not buy your unit.

If you sold at a loss (compared to recent sales) or a lesser amount, Is there tangible loss to seek damages from the neighbour? How would you prove your damages? Does the Condominium Corporation share in this liablility?

I would be interested to view the comments and perspectives.

 

[androiduk]

There was an article on that issue in one of the major papers recently. Someone lived next door to a smoker and their unit plus the common area hallway reeked of cigarette smoke. I think the person got relief from the condo corporation because anything you do in your unit should stay there and not adversely affect others, whether it's noise or cigarette smoke. I'm sorry I can't remember which paper it was but a search should turn it up. My first choice would be Bob Aaron, who writes a column for the Star.

 

[PukeGreen]

Man, I would love some justice on this issue as well. We have a similar problem with stale cigarette odours somehow emanating into our unit, even though none of the close neighbours on our same floor seem to smoke (the hall near us is odour-free). Luckily it's only occasionally, usually just on weekends, but one of my biggest fears is that heavy smokers will move into an adjoining unit. I went through several cans of spray-foam trying to seal off all openings such as where pipes and vents go into the walls under cabinets and in closets. It helped a bit, but some odour still gets in, possibly through the HVAC ventilation. Worse still, if I open the window to let in fresh air smoke drifts in there, too: I think the smokers open their windows too and the smells hang in the air outside.

It does seem very unfair that the actions of someone else can negatively impact our day-to-day lifestyle, our health, and our resale values in our very own homes. It annoys me that their right to suck nicotine into their lungs trumps my right to breathe. But it's my understanding that there's little that can be done. There are some smoke-free buildings appearing, but generally this rule needs to be set when the building is established, not after the fact.

 

[BobBob]

But, your right to breathe is not being trumped. You can breathe, albeit with exposure to unwanted odours.

I feel that the way to deal with this is to demand better isolation between units in terms of air circulation. You can't deal with the issue of cigarette smoke without also getting into undesirable odours produced by cooking, for instance. In the end, what constitutes an "undesirable" odour is subjective (beyond the universal ones like feces, decay, etc) and everyone should be free to have the inside of their place smell however they want, without affecting anyone else in the building.

 

[unimaginative2]

Yes, but cooking smells aren't a recognized toxic substance.

 

[BobBob]

True, but smoking in your home is, as far as I know, still perfectly legal.

What I was getting at was the fact that, presumably, this isn't so much about being poisoned by toxic fumes (which, I think, would be a stretch to claim) but about being bothered by unwanted smells.

 

[PukeGreen]

I have to say that I think cigarette smoke is in a different category from subjective and midly unpleasant odours like cooking smells. It's a scientifically proven carcinogenic, for one. It gives me sharp headaches. It seriously aggravates my wife's allergies.

And yes, of course smoking in one's home is perfectly legal. The question is whether it should be legal or justifiable when your home shares air with the homes of others. Since by law I am now protected from second hand smoke exposure in almost all public places, it seems a bit odd that I do not have any right to the same when I'm in my own home.

 

[detroitbootybass]

I find it sad that people engaging in a legal activity in their own home could be subject to 'damages' under Canadian law.

 

[gabe]

Must have been really poorly built condo i would blame the builder. When i lived in a apartment i had smokers living next door and I'm allergic to smoke, the only time i could smell it is when my balcony door was open.

 

[Hank]

I find it sad that people engaging in a legal activity in their own home could be subject to 'damages' under Canadian law.

They could potentially be subject to damages under most legal systems that I'm familiar with. The point isn't that they're doing something in their own home, it's that what they're doing is escaping from their home and causing a nuisance to others. Cooking smells would also fall under this category if they're interfering with a neighbour's enjoyment of his or her property.

 

[detroitbootybass]

They could potentially be subject to damages under most legal systems that I'm familiar with. The point isn't that they're doing something in their own home, it's that what they're doing is escaping from their home and causing a nuisance to others. Cooking smells would also fall under this category if they're interfering with a neighbour's enjoyment of his or her property.

Gotcha... thanks for clearing that up for me.

I was thinking that it was something more than just theoretical in nature.

 

[xstatik]

Yes, but cooking smells aren't a recognized toxic substance.

I swear that some of the curry smells in some of Scarborough's apartments are toxic. Or, at least they should be.

 

[fieras]

I would impale them with a badly pruned tree branch

 

[dt_toronto_geek]

If cigarette smoke is getting into your unit then there is a problem with the unit not being sealed properly and/or pressurization issues. I would get both the Property Management and Board of Directors involved with this problem in writing. Be specific, and forceful. You need a professional to determine how these smells are moving into your unit and recommend solutions to prevent this from happening.
I'd suggest that it's better to be proactive with the problem rather than trying to recoup potential losses. Bedbugs are also a horrific problem in Toronto, and across North America. If there is a way for cigarette smoke to get into your suite, that indicates there is possible a route for bed bugs should a nearby neighbour get these critters.