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

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"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."