The man was seeking the removal of all bylaw fines and warning letters, an order that the strata not “pursue or enforce” his neighbours’ complaints about his cannabis use, reimbursement of $1,000 for a cedar privacy hedge installed along his backyard fence line, $5,000 in damages and an additional reimbursement of $1,120 in legal fees.Article content
In a counterclaim, the strata requested an order that the man ceases smoking cannabis in areas where the smoke may enter neighbouring properties. In explaining the decision, the tribunal noted that while the strata has no bylaws specifically restricting smoking or cannabis use, the man’s use of cannabis is a nuisance to his neighbours, which is contrary to two of the strata’s other bylaws.Article content
The decision notes multiple times that “there is no persuasive medical evidence in this case” that establishes the man must smoke cannabis, rather than ingest it in another form. The man argued that edibles and oils have a long onset time and smoking cannabis is the fastest way to manage his symptoms.
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