Strata Smoke Showdown: Tribunal Rules in Favor of Strata in Marijuana Complaint Dispute!

 

Marijuana Smoke Complaint Dispute Resolved in Favor of Strata 

John and Jo-Anne Hanlon, homeowners in a strata complex, took legal action against their strata, claiming that marijuana smoke from their neighbours was causing a nuisance and health risks. They asked the strata to enforce a bylaw on nuisances and hazards. However, the strata argued that the Hanlons did not provide sufficient details and that they had reasonably investigated the complaints.

The bylaw in question prohibited actions that could disturb or infringe upon other residents' rights, but there was no specific nonsmoking bylaw in place. Jo-Anne had smoke sensitivity, and her doctor advised her to call an ambulance for smoke-related health issues. Despite discussions with neighbours, the tribunal found no concrete evidence that the marijuana smoke unreasonably or substantially affected the Hanlons, leading to the dismissal of their claims.