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That is, that it is tortious conduct and a civil wrong which is unlawful. In a small handful of cases in Canada, cases of non-smokers unwillingly exposed to drifting secondhand smoke in their homes have also been won on the premise of nuisance, according to the Non-Smokers Rights Association, as well as breach of the covenant of quiet or peaceful enjoyment. Leavitt and Katz could go to court, but it wouldnt be quick or cheap