At last there is something for renters who live in apartments with neighbours that smoke. Click here to read the full story and the 17 page Reasons for Decision or ruling from the judge or download The Complete Legal Opinion regarding cigarette smoking in BC for landlords, tenants/renters and strata corporations.
The B.C. Human Rights Tribunal has ruled in favour of a couple who complained about second-hand smoke at their condominium complex in Langley.
Melanie and Matthew McDaniel alleged discrimination after second-hand cigarette and marijuana smoke from the balconies and patios of their neighbours wafted into the suite they purchased at Metro One in 2008.
Melanie McDaniel was pregnant at the time and allergic to smoke, while her husband suffers from diabetes and claimed he was at risk of complications because of the fumes.
The McDaniels kept a log to document the frequency of the problem and complained to their strata council, but the couple claimed that not enough was done and that they suffered physically as a result of the smoke
The tribunal has awarded the McDaniels $8,000 in compensation, but declined the couple’s request to order the condominium complex to impose a non-smoking bylaw.