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Gamat et al. v. Toronto Standard Condominium Corporation No. 2745 - 2023 ONCAT 107 - 2023-08-02

Corporation:

GTSCC 2745

Date:

2023-08-02

Under:

CAT Decisions - Motion Order
Noise

Summary:

This case, Gamat et al. v. Toronto Standard Condominium Corporation No. 2745, was a motion brought by the Respondent (Toronto Standard Condominium Corporation No. 2745) requesting the Tribunal to dismiss the Applicants' application due to a lack of jurisdiction. The Applicants alleged issues related to noise and vibration from a gym above their units. The Respondent argued that the case should be dismissed on several grounds, including that it was outside the Tribunal's jurisdiction because it related to personal injury or illness, repair or maintenance of common elements, operational governance decisions, or noise coming from a different condominium corporation. The Tribunal Member dismissed the motion, finding that the case was primarily about noise nuisance and did not fall outside the CAT's jurisdiction.

Verdict:

In this case, the Respondent, Toronto Standard Condominium Corporation No. 2745 (TSCC 2745), brought a motion to dismiss the Applicants' complaint regarding noise issues. The Respondent argued that the complaint should be dismissed due to a lack of jurisdiction, citing various reasons such as personal injury concerns, repair and maintenance of common elements, operational governance decisions, and noise from a different condominium corporation. However, the Member, Marisa Victor, dismissed the motion, concluding that the complaint fell within the jurisdiction of the Condominium Authority Tribunal (CAT) as it primarily concerned noise issues emanating from the gym within TSCC 2745.

Takeaways:

The motion in the case of Gamat et al. v. Toronto Standard Condominium Corporation No. 2745, 2023 ONCAT 107, sought the dismissal of the Applicants' application due to a lack of jurisdiction. The motion raised several key issues:

Jurisdiction over Personal Injury Claims: The Respondent argued that the case related to personal injuries due to noise and, therefore, fell under Section 117(1) of the Condominium Act. However, the Tribunal found that the complaint primarily involved noise nuisance and disruption, and thus came under Section 117(2), which is within the CAT's jurisdiction.

Common Elements Repair: The Respondent contended that the application was about common element repair and maintenance, which is beyond the CAT's jurisdiction. The Tribunal ruled that the evidence provided did not conclusively demonstrate this, and potential remedies might still fall within the CAT's scope.

Operational Governance Decisions: The Respondent argued that operational governance decisions, such as gym hours, were not within the CAT's purview. The Tribunal noted that the CAT may still address these issues as part of its remedies.

Noise from Different Condominium: The Respondent suggested that noise complaints might be attributed to another condominium corporation, outside the CAT's jurisdiction. The Tribunal found that the Applicants' complaints were primarily aimed at TSCC 2745 and dismissed the motion.

In summary, the Tribunal determined that the case, at this stage, remained within its jurisdiction and should proceed to address the noise-related issues.

Recommendations: 

Address noise complaints effectively: Condominium corporations should take noise complaints seriously and take immediate action. They should investigate the source of the noise complaints and take steps to resolve the issue. This may include the installation of soundproofing materials, the imposition of noise control rules, or the removal of the source of the noise. By addressing noise complaints effectively, condominium corporations can maintain harmonious relations between residents and prevent disputes from arising.

Improve communication between parties: In disputes like the case of Gamat et al. v. Toronto Standard Condominium Corporation No. 2745, effective communication is essential. The condominium corporation should ensure that residents are aware of their rights and obligations under the Building's governing documents, including the noise control rules. Residents, on the other hand, should report any noise complaints promptly and respectfully. By establishing clear lines of communication and working together, parties can reach amicable resolutions to disputes.

Ensure compliance with the Condominium Act, 1998 and its regulations: The Condominium Act, 1998, and its regulations provide a framework for the operation and governance of condominium corporations in Ontario. To avoid disputes related to jurisdiction and other issues, it is essential to ensure compliance with the act and its regulations. Condominium corporations should consult with legal counsel to ensure that their policies and procedures align with the provisions of the act. Residents should also seek legal advice to understand their rights and obligations under the act and its regulations.

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