Background:
- The dispute arose over the use of a natural gas barbeque on a balcony.
- Matear’s barbeque use allegedly caused smoke to enter the applicants’ condominium, leading them to file an application seeking an order to prohibit its use under Section 67 of the Condominium Property Act (CPA).
Key Issues:
- Violation of Pinnacle’s Bylaws:
- Applicants argued that the barbeque constituted a nuisance under the bylaws.
- The court ruled there was no violation, as occasional barbeque smoke in a condominium is normal and did not constitute substantial or unreasonable interference.
- Discrimination Under the Alberta Human Rights Act (AHRA):
- Kiley claimed the barbeque use aggravated his mild COPD.
- The court found insufficient evidence to support this claim, concluding there was no violation of the AHRA.
- Oppressive Conduct by the Condominium Board:
- Applicants argued the board acted unfairly by allowing the barbeque.
- The court determined the board acted reasonably and democratically, rejecting claims of oppressive or prejudicial behavior.
Conclusion:
The court dismissed the application, finding no nuisance, discrimination, or oppressive conduct by the board.
No specific monetary damages were awarded in this case, as it involved injunctive relief and interpretation of bylaws, not a claim for financial compensation.
