The Smokers Next door...

**dpylyp** · 11-02-2008, 08:08 AM

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.

**creampuffgoodness** · 11-02-2008, 07:25 PM

Wow, that is a very serious situation. I am not knowledgeable about Canadian legal stuff but I'm eager to hear a factual reply. I'll keep myself posted.

**NomadRenter** · 11-20-2008, 09:08 AM

Tough dilemma. This may be a very difficult thing to prove from a legal perspective. I also don't know a lot about Canadian law but my instinct is that the Association will be shielded from the dispute and it will be between you and the other unit owner.

This reminds me of a line I heard in graduate school - "your rights end at the tip of my nose." Good luck, looking forward to seeing how it turns out.

**danbkk** · 02-01-2009, 10:52 PM

Also, in general, if the condo allow smoking , it will be harder to prove them wrong.

**thomas12** · 02-01-2009, 11:19 PM

I think that there must be a seperate clause for this issue and compensation for the loss must come from the house of the neighbour as they must be held responsible for all the inconveniences caused to the seller of the house.