A Langley, B.C., condo board's battle to force a 70-year-old smoker to butt out while inside his unit is heading to the province's Supreme Court.
Paul Aradi, 70, has been smoking for 50 years. He lives in a building where it is prohibited to light up inside common areas and suites – a rule that was passed by the condo board, or strata council, in 2009.
But Aradi purchased his condo unit years before the no-smoking rule was passed. According to him, he should be free to do what he wants in his own home.
"I don't think it's anybody's business," Aradi said.
But the strata is making it their business.
Over the past two years, the board has received numerous complaints about Aradi smoking inside his unit. Each complaint comes with a $200 fine. Those fines now total nearly $11,000.
The strata is also seeking a court order to force him to stop smoking inside the building.
The bitter battle has divided residents of the building, some supporting Aradi, with others saying it puts everybody's health and safety in jeopardy.
"Smoking kills; smoking isn't good," one resident said. "If someone falls asleep, this whole complex could go right up."
According to some strata experts, while the 2009 rule was passed after Aradi purchased his unit, he is not exempt from it.
"Those bylaws can come in at any time and the owner can find themselves suddenly in a position where they can’t use strata laws the way they thought they could," lawyer Paul Mendes said.
He said other lawyers and condo boards will likely be watching Aradi's case closely.
With a report from CTV Vancouver's Mi-Jung Lee
