We have experienced an overwhelming smell of cigar smoke coming from the condominium unit above ours. What can we do?
Those were the living conditions of Sharon MacKay and Tom Cheney that prompted them to proceed with an ultimately expensive and prolonged court action against their condominium corporation and its directors.
What happened to MacKay and Cheney was probably the worst example of second-hand smoke migration ever to reach a Canadian courtroom.
In June of last year, the pair experienced the noxious smell of cigar smoke infiltrating their Yorkville-area home. The smoke was so bad that when their insurance company sent an adjuster, he concluded that the unit was uninhabitable and moved them into a hotel at the insurer’s expense. Almost a year later, they are still there.