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Ambrose v. Campeau et al. - 2023 ONCAT 75 - 2023-06-05

Corporation:

AC 75

Date:

2023-06-05

Under:

CAT Decisions - Decision
Indemnification or Compensation
Noise
Other Type of Nuisance, Annoyance or Disruption

Summary:

The case of Ambrose v. Campeau et al. (2023 ONCAT 75) revolves around a dispute in a condominium community (Prescott Standard Condominium Corporation No. 19) in Ontario, Canada. The applicant claimed that her tenants were regularly disturbed by unreasonable noise caused the respondent who rented a unit owned by Serge Bedard. The case was heard by a member of the Condominium Authority Tribunal. Despite attempts to involve all relevant parties, the respondent did not participate in the proceedings. The case was decided through written online hearings.

Verdict:

In the case of Ambrose v. Campeau et al., the tribunal found that Eric Campeau, a tenant, was regularly creating unreasonable noise that significantly disturbed other tenants in the condominium. The landlord was found to have not taken timely action to address the issue. The tribunal ordered Campeau to cease making disruptive noise, directed the landlord to provide the respondent with the condominium's governing documents, and ordered the landlord to compensate the applicant for lost rental income. Additionally, the condominium board was directed to consult with the parties to address ongoing issues related to the respondent's behavior and investigate the complaints made by the applicant.




Takeaways:

In the case of Ambrose v. Campeau et al. (2023 ONCAT 75) a condominium unit owner, filed a complaint alleging that her tenants were constantly disturbed by unreasonable noise caused by her neighbor's tenant owned by another owner. The following key takeaways from this decision can be summarized:

Noise Disruption: The Tribunal found that regularly created unreasonable noise that significantly disturbed the applicant's tenants, even prompting police involvement. The respondent's actions contravened Section 117(2)(a) of the Condominium Act, 1998, which prohibits activities resulting in unreasonable noise as a nuisance.

Lack of Timely Action: The Tribunal criticized the owner of respondent's unit, for not taking timely action in addressing the noise issues. The owner's delay in initiating the eviction process contributed to the ongoing disturbances.

Compensation Awarded: The Tribunal ordered the owner of rspondent to pay the applicant $1,350 as compensation for her lost rental income and also ordered him to provide the respondent with a copy of the decision, the condominium's governing documents, and ensure the respondent understands his non-compliance.

Condominium Obligations: The condominium board (PSCC 19) was directed to monitor the case's progress and investigate the complaints made by the applicant, ensuring compliance with condominium rules and regulations.

Rental Income Compensation: The decision highlights the challenges and potential financial losses faced by unit owners when dealing with disruptive neighbors and the lengthy legal processes involved.




Recommendations: 

Ensure Compliance with Condominium Rules and Bylaws: All residents and unit owners in the condominium community should familiarize themselves with the rules, bylaws, and governing documents of the condominium corporation. It's crucial to follow these rules to maintain a harmonious living environment and to prevent potential conflicts or disruptions. If residents have concerns about certain rules, they should engage with the condominium board to address these concerns through appropriate channels, such as proposing amendments or seeking clarification.

Effective Communication and Timely Action: In cases of disruptions or violations, it's essential for both unit owners and tenants to communicate effectively and take timely action to resolve issues. This includes promptly addressing noise or other disturbances and notifying the relevant parties, such as the condominium board or property owner, about any ongoing problems. Delays in addressing issues can lead to further disputes and negatively impact other residents.

Seek Legal Recourse When Necessary: If disputes or disturbances persist and cannot be resolved through communication and cooperation, residents should be aware of their legal rights and options. In this specific case, Ms. Ambrose sought legal action through the Condominium Authority Tribunal (CAT) to address the ongoing issue with her tenant's neighbor. Engaging the legal system is a last resort, but it may be necessary to protect one's rights and maintain a peaceful living environment.

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