A Chilliwack man was ordered to immediately stop smoking medical cannabis on the patio of his strata townhouse, following a Civil Resolution Tribunal (CRT) decision Nov. 29 in favour of the strata.

Giles Danny St. Pierre of Chilliwack filed the initial primary claim against his strata saying it discriminated against him by failing to B次元官网网址渁ccommodateB次元官网网址� his disability, which is contrary to the BC Human Rights Code.

St. Pierre said the strata B次元官网网址渨rongly issued bylaw fines against him for medical cannabis use, harassed him, and permitted his neighbours to harass him about his cannabis use.B次元官网网址�

His assertion was that he smokes medical cannabis to manage symptoms of disabilities, and that he must smoke the cannabis on his back patio, rather than in front of, or inside his unit.

St. Pierre was seeking accommodation from the strata, whereby they would permit him to smoke cannabis on his patio, remove all fines and warning letters, reimburse him for the cedar hedge, and pay him $5,000 in damages.

The final decision this past week was in favour of the strata, with the reasons for decision provided by CRT vice-chair Kate Campbell on Nov. 29. The requires St. Pierre to pay the strata imposed fines of $1,000, as well as $125 in tribunal costs.

B次元官网网址淏ased on the evidence before me, including the written statements from his neighbours, I accept that Mr. St PierreB次元官网网址檚 cannabis smoke is a substantial, non-trivial and unreasonable interference with his neighboursB次元官网网址� use and enjoyment of their properties.B次元官网网址�

A video showed that his patio chair is about seven feet from the fence line.

While the parties acknowledged St. Pierre had disabilities, and smoked three or four times a day, it was a question of the proximity to other strata lots, and whether the smoke drifting interfered with their enjoyment of their properties.

B次元官网网址淚 find that this evidence about frequency and proximity of use supports the conclusion that the cannabis smoke is a nuisance to his neighbours. I therefore find it breaches strata bylaws contrary to strata bylaws 3.1 and 3.3(b),B次元官网网址� Cambell stated in the decision.

St. Pierre B次元官网网址渕ust immediately stop smoking cannabisB次元官网网址� in locations where the smoke enters common property or other strata lots.

It said although the strata has no bylaws specifically about smoking or cannabis use, the strata said that cannabis smoke was B次元官网网址渁 nuisance to his neighbours,B次元官网网址� and contrary to bylaws 3.1 and 3.3(b), which state in part as follows:

B次元官网网址� an owner must not use a strata lot or common property in a way that causes a nuisance or hazard to another person, or unreasonably interferes with the rights of other persons to use and enjoy common property or another strata lot;

B次元官网网址� an owner must not make, cause or produce undue smell in or about any strata lot or common property, or do anything which will unreasonably interfere with another owner, tenant or occupant.

The question of whether St. Pierre could consume cannabis in another form came up, although his doctorB次元官网网址檚 letter said he obtained relief by smoking.

Campbell noted that he had B次元官网网址渘ot proven that he must smoke cannabisB次元官网网址� rather than ingesting it in another form such as edibles.

B次元官网网址淚 also find the strata met its duty to accommodate Mr. St Pierre by permitting him to smoke elsewhere in the strata. Similarly, I find there is no persuasive medical evidence in this case that establishes that Mr. St Pierre must smoke cannabis, rather than ingest it in another form.B次元官网网址�

St. Pierre was also respondent in the strataB次元官网网址檚 counterclaim against him.

The strata said it had a duty to enforce its bylaws, including bylaws against nuisance or hazards. In its counterclaim, the strata requested an order that Mr. St Pierre comply with strata bylaws, and cease smoking marijuana in areas where the smoke drifted onto neighbouring properties, and the latter was upheld in the decision.

Campbell did not address the allegations of harassment by neighbours, finding the CRT did not have jurisdiction there, and she dismissed St. PierreB次元官网网址檚 other claims.

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