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Bates v. Cannon et al. - 2023 ONCAT 118 - 2023-08-28

Corporation:

BC 118

Date:

2023-08-28

Summary:

In the case of Bates v. Cannon et al., decided on August 28, 2023, by the Condominium Authority Tribunal (CAT), Member Brian Cook issued a Decision. The Applicant, alleged that a neighbor's outdoor light was causing an unreasonable disturbance, affecting his living space. This dispute had been ongoing for several years and involved the Respondent, and Dufferin Vacant Land Condominium Corporation No. 22 (DVLCC 22). The central issue was whether the light complied with the governing documents of DVLCC 22. The CAT found that the light was not compliant with the condominium's declaration, as it did not meet the requirement for outdoor lighting to be subtle and diffused. Therefore, the light was considered unreasonable, and the respondent was ordered to modify or replace the fixture accordingly. The CAT also declined to award costs the applicant due to his behavior during the hearing.

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Light
Reasonableness and/or Consistency of Governing Documents

Verdict:

Quick Verdict: In Bates v. Cannon et al., the Condominium Authority Tribunal (CAT) ruled that a light on the outside wall of a unit was not compliant with the condominium's declaration, which required outdoor lighting to be subtle and diffused. The light's impact on the neighbor was deemed an annoyance, making it unreasonable, and the respondent was ordered to modify or replace the light fixture to ensure it meets the declaration's requirements. Additionally, the CAT did not award the applicant, the recovery of filing fees due to his behavior during the hearing, including shining a spotlight into the respondent's unit.

Key Lesson: This case emphasizes the importance of adhering to the condominium's governing documents, and it highlights that disputes between neighbors can be addressed through the CAT when they involve unreasonable nuisances or violations of governing rules.

Takeaways:

Key Takeaways:

In the case of Bates v. Cannon et al., the dispute involves a claim that a neighbor's outdoor light is shining into the applicant's living space.

The condominium corporation (DVLCC 22) joined the case as a respondent, supporting the respondent's contention that the light is compliant with governing documents and not an unreasonable annoyance.

The Tribunal found that the respondent's light fixture was not compliant with the DVLCC 22 declaration, which required outdoor lighting to be subtle and diffused.

The applicant's experience of the light as an annoyance alone was not sufficient; the light had to be objectively unreasonable, which it was due to non-compliance with the declaration.

The Tribunal ordered the respondent to modify or replace the outdoor fixture to make the light subtle and diffuse within 60 days.

Recommendations: 

Clarify and Communicate Declaration Provisions: Condominium corporations should make a concerted effort to ensure that governing documents, such as declarations, are clear and comprehensive. This will help prevent disputes and misunderstandings related to compliance with these documents, like the lighting issue in this case. Clear communication and education of unit owners regarding the contents of these documents can aid in preventing disputes from arising.

Promote Mediation and Dispute Resolution: Encourage condominium owners to consider mediation or alternative dispute resolution mechanisms before pursuing legal action. This could be achieved by making mediation services readily available, raising awareness of their benefits, and possibly requiring a mandatory mediation attempt before formal tribunal proceedings can begin. Efficient dispute resolution can help save time and resources for both parties.

Distinguish Between Personal Behavior and Dispute Issues: It is essential to differentiate between personal behavior issues, such as harassment or reprisals, and the underlying disputes that may lead to such behaviors. Develop clear guidelines and procedures for dealing with disruptive or harassing behavior to maintain a respectful and efficient dispute resolution process. This ensures that the core issues are addressed separately from personal conflicts or misbehavior

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