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.