A military veteran has lost one of the three battles he is fighting so he can continue smoking inside his condo.
Paul Aradi, 70, was ordered by the B.C. Supreme Court to butt out and follow the no-smoking bylaw in the Langley strata building where he lives.
Aradi bought his unit years before a no-smoking bylaw was passed in 2009.
The man has argued that he has a disability due to his cigarette addiction. He has also contended that because of his limited mobility, it’s not easy for him to go out for a smoke.
In a January 25 ruling, B.C. Supreme Court justice Wendy Harris granted the strata corporation’s petition to order Aradi to immediately stop smoking in his suite.
“In this case, I am satisfied that the strata corporation acted in good faith in seeking to enforce the no smoking bylaw,” Harris wrote in her decision.
On two other fronts, Aradi has filed a complaint against the strata corporation before the B.C. Human Rights Tribunal. He is also contesting before a provincial court the fines imposed on him for smoking infractions.
In September last year, Aradi’s lawyer, Paul Roxburgh, told the Straight in a phone interview that the fight is about balancing the personal liberties of individuals inside their homes and the interests of the condo community to which they belong.
Speaking at that time, Roxburgh said: “Whatever it is you do in your own home, in your own space, needs to be a place of freedom, where you can, as long as you’re not breaking the law, do whatever you want to do.”