The applicant and respondents were neighbours in an apartment complex. The applicant alleged that cigarette smoke emanating from the respondents' apartment drifted into his apartment, that passive smoking was dangerous, and that he should not be subjected to inhaling toxic smoke in his own home. He alleged that the smoke constituted a nuisance in contravention of s167 of the Body Corporate and Community Management Act 1997.
The Adjudicator ruled that the applicant bore the onus of establishing that the smoke complained of was caused by the respondent, and that the smoke was of such a volume and frequency that it would interfere unreasonably with a resident of "ordinary sensitivity". Since the applicant provided no subjective or objective evidence of the quantity of smoke he was exposed to, his application was dismissed.
Note: for a similar case, see Carson Place [2012] QBCCMCmr 503 (8 November 2012).
The applicant and respondents were neighbours in an apartment complex. The applicant alleged that cigarette smoke emanating from the respondents' apartment drifted into his apartment, that passive smoking was dangerous, and that he should not be subjected to inhaling toxic smoke in his own home. He alleged that the smoke constituted a nuisance in contravention of s167 of the Body Corporate and Community Management Act 1997.
The Adjudicator ruled that the applicant bore the onus of establishing that the smoke complained of was caused by the respondent, and that the smoke was of such a volume and frequency that it would interfere unreasonably with a resident of "ordinary sensitivity". Since the applicant provided no subjective or objective evidence of the quantity of smoke he was exposed to, his application was dismissed.
Note: for a similar case, see Carson Place [2012] QBCCMCmr 503 (8 November 2012).