A north Vancouver condo owner is taking her neighbor to the British Columbia Supreme court for smoking cigarettes on her own patio, which is located beneath the plaintiff's apartment.

Maureen Nicholson claims her neighbor's 10 cigarette-a-day habit causes "toxic, noxious, carcinogenic and pungent smoke" to enter her home. She says she has asked her neighbor to stop smoking and has complained to the condominium council in the building.

Nicholson says she has counted 275 occasions on which cigarette smoke has entered her unit and it causes her unnecessary stress and it disrupts her sleep.

Claire Bellwood, who is the defendant in the lawsuit has complained to police that Nicholson is harassing her.

Legally, Bellwood is allowed to smoke on her patio; she now has a week to file a defense against the lawsuit.