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#18408
B.C strata ban on SMOKING - without grandfathering PAUL ARADI - goes viral 2016/01/30 10:47  
Smoke warriors in Ontario may get a chance to watch a BC smoking battle partly in upcoming human rights arena where strata legal cost recovery is somewhat ceilinged.

( Will the smoke wars bankrupt condo governance ? See the ongoing Toronto 2nd hand CIGAR SMOKE war estimated by 2014 by ToStar law columnist Bob Aaron to have burned up $200 K in legals - at CAFCOR General Forum http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18022&catid=2 )

A BC Supreme Court judge has just ordered a defiant strata smoker to butt out pending his human rights hearing.

Is there a B.C. human right to smoke protecting in-unit smokers defiantly refusing instead to get their fix by chewing, patching or injecting tobacco ?

Or at least a grand-fathering right to do so ?

( Interim injunction issued - see : The Owners, Strata Plan NW 1815 v. Aradi, 2016 BCSC 105 issued Jan 25/16 http://canlii.ca/t/gn2qk )


Smothered by strata fines ( illegal in Ontario but widely legal in US condos & HOAs ) a defiant B.C smoker wages Human Rights war now gone viral, including on giant US HOA/condo website HOATalk.com.

WOOD CLAD, lowrise multifloor strata in Vancouver refused to allow for Paul Aradi, a grand-fathering exemption when it introduced a smoking ban in 2009.

CTV coverage has prompted hundreds of online comments : Jan 26/16 CTV “Judge orders B.C. man to stop smoking while appealing condo's ban” http://www.ctvnews.ca/canada/judge-orders-b-c-man-to-stop-smoking-while-appealing-condo-s-ban- 1.2753230

( tipped online earlier by anonymous sourcers at Condo Madness : Jan 12/16 CTV “Strata heads to B.C. Supreme Court to get senior smoker to butt out”
http://bc.ctvnews.ca/strata-heads-to-b-c-supreme-court-to-get-senior-smoker-to-butt-out-1.2734428
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#18648
Ont UNIT SMOKING dialogue continues with BC grand-fathering Rights claim(zero Declaration) awaited 2016/12/16 20:31  
Lawyer Jim Davidson ( Nelligan O'Brien Payne) ponders the still underway INDOOR SMOKING B.C. Rights Tribunal process triggered by claimant Paul ARADI.

As to the Aradi 'therapy smoking' claim, the B.C. Rights process is still a 'work in progress". Like Ontario it could pointedly abstain from what is primarily of strata LAW implication / venue more appropriate for a judge. whistle:

Mr Davidson places the Aradi B.C. process within context of legal debate at this fall's ACMO/CCI Toronto Condominium Conference.

A B.C. judge had issued an interim injunction ordering Aradi's in-unit smoking to halt despite the new Rule lacking an express power within the strata Declaration. ( Subsequent Rights claims by B.C. smokers elsewhere Dandurand & McDaniel have quietly been outcomed without reference in this Ontario article )


Dec 13/16 article J Davidson LLB “The Rights Of Smokers And Non-Smokers Continue To Evolve” http://www.condolawnews.ca/e/the-rights-of-smokers-and-non-smokers-continue-to-evolve.cfm
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