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#257790 - 11/02/08 09:52 AM The smokers next door to my condo...
DavidPylyp Offline
Member

Registered: 11/09/05
Posts: 151
Loc: Toronto, Etobicoke, Mississaug...
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.
_________________________
David Pylyp
Toronto West, Etobicoke & Mississauga
Living in Toronto
Humber Bay Shore Condos
[email] david@davidpylyp.com [/email]

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#261183 - 11/23/08 03:55 PM Re: The smokers next door to my condo... [Re: DavidPylyp]
Agent_Mark Offline
Member

Registered: 11/21/08
Posts: 27
Loc: Montreal Canada
Personally, I don't think there is anything you can do towards the neighboring smokers, although you can perhaps suggest insulation or ventilating systems. Health inspectors? Of course with a certain budget at hand.

That's just my 2 cents :)



Edited by Agent_Mark (11/23/08 04:00 PM)

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