Is cigar smoke in a condominium unit a nuisance?

In Raith v. Coles, [1984] B.C.J. No 772, a nuisance case involving drifting second-hand smoke from one condominium unit to another, the applicants’ doctor considered it reasonable to suggest that the presence of cigar smoke in the apartment could have been a significant factor in the appearance of the physical symptoms of persistent upset stomach, with associated indigestion, heartburn, nausea, an extremely sore throat and the emotional strain of anxiety. The judge granted an injunction to prevent the smoke from continuing to bother the plaintiffs stating: This is not a simple dislike of the smell – there is concern based on medical grounds. While the individual must be expected to put up with some inconvenience in today's world there comes a point where the perpetrator of a problem must curtail his actions when they become demonstrably harmful to others... There are many things a person may not do in his house or castle – …one of these things now is that he may not allow there to be emitted or discharged a noxious substance, in this case, cigar smoke and odour, from his premises...