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 含羞草研究社渁ccommodate含羞草研究社� his disability, which is contrary to the BC Human Rights Code.

St. Pierre said the strata 含羞草研究社渨rongly issued bylaw fines against him for medical cannabis use, harassed him, and permitted his neighbours to harass him about his cannabis use.含羞草研究社�

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.

含羞草研究社淏ased on the evidence before me, including the written statements from his neighbours, I accept that Mr. St Pierre含羞草研究社檚 cannabis smoke is a substantial, non-trivial and unreasonable interference with his neighbours含羞草研究社� use and enjoyment of their properties.含羞草研究社�

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.

含羞草研究社淚 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),含羞草研究社� Cambell stated in the decision.

St. Pierre 含羞草研究社渕ust immediately stop smoking cannabis含羞草研究社� 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 含羞草研究社渁 nuisance to his neighbours,含羞草研究社� and contrary to bylaws 3.1 and 3.3(b), which state in part as follows:

含羞草研究社� 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;

含羞草研究社� 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 doctor含羞草研究社檚 letter said he obtained relief by smoking.

Campbell noted that he had 含羞草研究社渘ot proven that he must smoke cannabis含羞草研究社� rather than ingesting it in another form such as edibles.

含羞草研究社淚 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.含羞草研究社�

St. Pierre was also respondent in the strata含羞草研究社檚 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. Pierre含羞草研究社檚 other claims.

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