Whelton Hiutin LLP lawyers Neil Wilson and Tahir Khalid recently successfully obtained an interim injunction preventing odour transmission between neighbouring businesses. The case concerned the transmission of odours created by a spice wholesaling business into a fitness equipment store. The court granted the exceptional remedy of an injunction on the basis of nuisance in order to restrain interference with the plaintiff’s property rights. The case is also noteworthy for its discussion of the respective jurisdictions of the courts and the Condominium Authority Tribunal in addressing such issues. A copy of the decision, The Fitness Factory (Whitby) Inc. v. MNG International Inc., 2025 ONSC 6053, can be found here.