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Brady v. Peel Condominium Corporation No. 947 - 2023 ONCAT 8 - 2023-01-20

Corporation:

BPSCC 947

Date:

2023-01-20

Under:

CAT Decisions - Decision
Noise

Summary:

In the case of Brady v. Peel Condominium Corporation No. 947, the applicant sought resolution of an ongoing noise issue caused by an ABS pipe in her condominium building. The noise occurred when water flowed through the piping and interfered with her peaceful enjoyment of her property. Despite the noise being a persistent problem, the tribunal determined that it was not a matter of an unreasonable activity, as defined in the Condominium Act, but rather a structural or repair issue. Therefore, the tribunal did not have jurisdiction to address it. The applicant's claim for the recovery of costs was also denied. The decision suggested that an independent assessment of the issue may be beneficial for the condominium community as a whole.

Verdict:

Verdict/Lesson:
The tribunal dismissed the applicant's application regarding a persistent noise issue caused by an ABS pipe in her condominium. It was determined that the issue pertained more to structural or repair problems, rather than a breach of regulations that the tribunal could address. A key takeaway is that condominium tribunals have specific jurisdiction, and not all issues may fall within their scope. To resolve structural or repair concerns, residents may need to explore other legal avenues.

Takeaways:

Takeaways:

Condominium tribunals have specific jurisdiction to address certain issues, and not all complaints may fall within their scope.
Structural or repair problems may need to be resolved through different legal avenues, such as the Condominium Act itself.
A willingness to cooperate and contribute to remedial work can help resolve community issues in condominiums.
Condominium owners should be aware of the specific provisions of their governing documents, declarations, and by-laws to determine the appropriate recourse for their concerns.

Recommendations: 

Recommendations:

Seek legal advice when dealing with persistent structural or repair issues in a condominium, as they may fall outside the jurisdiction of condominium tribunals.
Encourage cooperation and dialogue between condominium owners and management to find mutually beneficial solutions to ongoing problems.
If there are disputes regarding structural issues, consider an independent assessment to determine the necessary remedies for the benefit of the entire condominium community.

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