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Toronto Standard Condominium Corporation No. 2082 et al. v. Momoh et al. - 2023 ONCAT 133 - 2023-09-19

Corporation:

TSCC 2082

Date:

2023-09-19

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise

Summary:

In the case of Toronto Standard Condominium Corporation No. 2082 et al. v. Momoh et al., the Toronto Standard Condominium Corporation No. 2082 (TSCC 2082) filed an application against the unit owner in TSCC 2082, and a tenant of the unit owner. The application alleged that the tenant was causing unreasonable noise nuisances in violation of the Condominium Act, 1998, and the condominium's governing documents, and the unit owner had failed to ensure compliance by his tenant. The Respondents did not meaningfully participate in the proceedings despite multiple notifications and reminders. The Tribunal found that the Respondents had violated both the Act and the governing documents and ordered compliance with these regulations. The Tribunal also awarded costs, and both Respondents were jointly and severally liable to pay $15,200 to TSCC 2082.

Verdict:

In the case of Toronto Standard Condominium Corporation No. 2082 v. Momoh et al., the Respondents were found to be in violation of the Condominium Act, 1998 and the condominium's governing documents due to creating unreasonable noise nuisances. The key lesson is that non-compliance with condominium rules and regulations, especially regarding noise disturbances, can result in legal action and financial responsibility for the violators.

Takeaways:

Takeaways:

Case Overview: This case, "Toronto Standard Condominium Corporation No. 2082 et al. v. Momoh et al., 2023 ONCAT 133," was heard by the Condominium Authority Tribunal (CAT) and involved a dispute between Toronto Standard Condominium Corporation No. 2082 (TSCC 2082), the applicant and the respondents. The dispute revolved around noise nuisances created by a tenant in TSCC 2082's condominium property.

Findings of Noncompliance: The tribunal found that the tenant had consistently violated the Condominium Act, 1998, as well as TSCC 2082's governing documents by causing unreasonable noise nuisances, which disrupted the quiet enjoyment of other residents. There were numerous incident reports documenting these disturbances.

Responsibility of Unit Owner: The tribunal also held the unit owner and landlord, responsible for failing to take reasonable steps to ensure the tenant's compliance with the Act and the condominium's governing documents.

Orders Issued: In response to the violations, the tribunal issued several orders, including requiring the tenant to cease the disruptive behavior immediately, and for the unit owner to take action to ensure his tenant's compliance. Additionally, both respondents were jointly and severally liable to reimburse TSCC 2082 for costs incurred during the legal proceedings, with an award of $15,200.

Cost Considerations: The tribunal acknowledged that the costs incurred by the applicant should be reasonable and proportionate to the complexity of the case. While costs were awarded, the tribunal reduced the total amount claimed by the applicant, emphasizing the need for fairness and reasonable compensation for the successful litigant.

This case underscores the importance of addressing noise disturbances in condominiums, the obligation of unit owners to ensure tenant compliance with governing documents, and the tribunal's consideration of the reasonableness of legal costs when awarding reimbursements.

Recommendations: 

Immediate Compliance: The Respondents have been ordered to immediately bring themselves into compliance with the Condominium Act and the condominium's governing documents. Compliance should include refraining from creating excessive noise, particularly late at night and early in the morning. All guests should also be required to comply with these rules. It is recommended that both respondents strictly adhere to these orders to avoid any further legal complications.

Landlord-Tenant Communication: To ensure compliance with condominium rules and regulations, landlords should maintain clear lines of communication with their tenants. In this case, the unit owner is instructed to take reasonable steps to ensure that the tenant complies with both the Condominium Act and the condominium's governing documents. Landlords should inform tenants of these rules and actively address any violations to prevent future disputes.

Cost Sharing: The case has shown that the cost of pursuing compliance through legal action can be significant. To prevent innocent unit owners from bearing these costs, condominium corporations should seek full indemnification from the responsible parties when they have repeatedly failed to comply with the rules and regulations. This should serve as a deterrent to rule violations and encourage cooperation with the condominium corporation's efforts to maintain a peaceful living environment.

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