MacKay v. Metropolitan Toronto Condominium Corp.
The owners of a Toronto condominium unit complained to condominium management about cigar smoke drifting into their condo from an upstairs unit. The condominium corporation eventually hired a variety of engineers and consultants to correct the problem and the neighbor agreed to stop smoking. However, the condominium owners’ insurance company found the unit “uninhabitable” and paid for the owners to move to a hotel, where they had lived for 10 months at the time of the court decision. The court found that problem of drifting smoke had finally been resolved after numerous repairs and therefore the condominium corporation was not in violation of its obligations to repair or maintain the building’s common elements under Ontario law. The court ordered that costs be paid to the condominium owners.