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ARTICLE · 04 JULY 2014

The Smoker Next Door: Responding To Smoke Complaints

Miller Thomson
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In decades past, smoking was accepted broadly in public spaces in Canada.

CanadaReal Estate and Construction
Patrick Greco
Patrick Greco
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Smoking in society

In decades past, smoking was accepted broadly in public spaces in Canada. However, over the past number of years, this acceptance has diminished markedly through a combination of health awareness, public opinion, and legislation. The sight of a smoker outside of an office building huddled against the winter cold in order to light up her afternoon cigarette is now commonplace.

On the other hand, at law, a person's home is still very much her castle. Despite the broad range of personal opinions on smoking, there is little legal disagreement that someone ought to be permitted to smoke in her house if she wishes.

Smoking in condominiums

A condominium provides an interesting nexus between public and private space for many legal issues. While one's condominium unit is one's home, there are restrictions on the reasonable activity which may take place in the unit. This is entrenched in the Condominium Act at section 117 which provides that, "No

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