The strata of a large corporation has been ordered to conduct a secret investigation and testing of second-hand smoke that resulted in a small claim at the Civil Resolution Tribunal.
Tribunal adjudicator Garth Cambrey told the unnamed strata council to attend the eighth-floor unit of complainants Daryl Foster and Tanya Foster to conduct testing for a two-week period.
Cambrey further ordered the testing to be done without informing any other residents, in order to potentially catch the source of smoke.
The order stems from a complaint lodged by the Fosters against neighbour Kristine Clark, who lives on the third floor of the condominium tower. But Cambrey found the Fosters did not prove Clark was the source of smoke, from her balcony.
Clark denied violating the strata’s nuisance bylaw and told the tribunal the Fosters refused to deal with her directly, according to Cambrey’s Dec.11 ruling. Cambrey called the Fosters’ claim “circumstantial and speculative at best.”
The ruling noted the council president did advise the Fosters that it had contacted several residents, including Clark, about smoking. The president noted the bylaws did not restrict smoking on balconies, but that Clark had been informed her smoking was considered a nuisance, Cambrey stated.
Nevertheless, Cambrey determined the strata council had failed to properly investigate the smoke. While the Fosters did not claim damages or remedies against the strata, Cambrey ordered the investigation and testing.
The tribunal may be used for claims under $35,000 in damages.
