TOBACCO CONTROL LAWS

Bonavista Management Inc. v. Absolute Star Design Ltd.

A business was sued by its neighbors and the property management company because of cigar smoke and fumes drifting into adjoining businesses. The court granted a permanent injunction prohibiting anyone in the offending business from smoking cigars or any other tobacco or marijuana products on the business premises. The court found that the cigar smoking violated a local smoking law, constituted a nuisance, and interfered with the use and enjoyment of other rental units.

Bonavista Management Inc. v. Absolute Star Design Ltd., 2015 BCSC 1002 (2015).

  • Canada
  • Jun 11, 2015
  • Supreme Court of British Columbia
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Parties

Plaintiff

  • Bonavista Management Ltd.
  • Jila Mahinfar
  • Otto and Associates Insurance Agency Ltd

Defendant

  • Absolute Star Design Ltd.
  • Gino Giragosian
  • Taline Giragosian

Legislation Cited

District of West Vancouver Smoking Regulation Bylaw 4607

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Environmental Law Violation
An infringement of a protection contained within a statutory environmental law, including public or private nuisance.
Housing Law Violation
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
"I am satisfied that in the circumstances, the smoking of cigars in the Absolute Unit constitutes a nuisance. It is also in violation of the West Vancouver Smoking Regulation Bylaw. For both these reasons, it is in violation of the terms of the Absolute lease."
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