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Condo boards can legally ban cannabis use.

Updated: Mar 25

Condo boards can legally ban cannabis use.

Posted by: Condominium Group - Deborah Howden , March 28, 2018

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Although cannabis is expected to be legalized this summer, condo dwellers shouldn’t count on being able to spark up in their homes, Toronto condominium lawyer Deborah Howden tells NOW magazine.


Legally, condo boards can draft a rule that would prohibit smoking cannabis in individual units as well as on balconies, says Howden, a partner with Shibley Righton LLP’s Toronto office.


She tells the magazine that under s. 58 of the Condominium Act, condo corporations can create new rules that “promote the safety, security or welfare of the owners, and prevent unreasonable interference,” but that medical marijuana users may be exempt under Ontario's Human Rights Code.


Howden says residents could regard the strong smell of second-hand smoke as a nuisance, and therefore a new rule restricting cannabis smoking could be reasonable.


This is an excerpt from an article that appeared on AdvocateDaily.com.


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About Shibley Righton

Shibley Righton LLP is a mid-sized Ontario law firm with lawyers in three offices (Toronto, Windsor, and Hamilton area). We offer a full range of services in litigation and dispute resolution, business law including corporate governance, finance and mergers and acquisitions, estate planning, real estate, labour and employment and a number of other practice areas. Shibley Righton has the largest condominium law group in Canada, offering a full range of services to condominium corporations including corporate governance, enforcement, contract review and litigation services.  Clients rely on Shibley Righton’s team of lawyers and professional staff to provide exceptional services in a practical, cost effective and timely manner.

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