Typically it's a question of this test of substantial interference with reasonable enjoyment. There has to be not just an interference with the other person's enjoyment, but a substantial interference. Medical problems will meet that test. If someone has asthma, someone's affected, or if someone coughs when they smell smoke; it's those kinds of things. Then the question is about the reasonable use. In other words, say if someone is playing the piano loudly at 7 p.m., or playing the bagpipes, God forbid—although I'm a Scotsman, by heritage at least, so everyone should love the bagpipes.... I'm sorry, I'd better go back to the piano, because the bagpipes probably would be a substantial interference; but with the piano, if someone wants to sleep at 7 p.m., it's kind of too bad. People get to play the piano at 7 p.m., but they don't get to play the piano after 11 p.m. Now with smoke, it's not that easy because smoke you can't adjust. You can't separate the interests by the time of the day. What typically happens now is that smokers are required to take steps to minimize their interference. Maybe it's to smoke on the balcony. Maybe it's to smoke on the side of the apartment that's away from the person who has the problem. Maybe it's to run a fan to push the smoke out of a window.
On September 13th, 2017. See this statement in context.