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Smoke exhaled by smokers (mainstream smoke) and smoke emanating from tobacco burning from their cigarettes, cigars or other (side stream smoke) mixed with ambient air. Second-hand smoke contains in particular more tar and carbon monoxide than mainstream smoke. The particles generated by this smoke are smaller and thus penetrate deeper into the lungs.
WHAT YOU SHOULD KNOW! A co-owner bothered by second-hand smoke could consider a legal remedy for neighbourhood annoyances against the co-owner concerned. The plaintiff will nevertheless have to show that this nuisance is abnormal, and that it exceeds the limits of the tolerance that the neighbours owe to each other under article 976 of the Civil Code of Quebec.
09/08/2022
I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be…...
01/07/2024
A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects…...
12/04/2021
Le mercredi 12 avril 2021, la Webradio de Condolegal.com a exploré les enjeux complexes liés à l'usage du tabac en copropriété divise, un sujet fréquemment au cœur de vifs débats. L'usage du tabac en copropriété divise est souvent source de débats houleux. Doit-on interdire le tabagisme dans ces espaces collectifs,…...
09/08/2022
I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those…...