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Bridglall v. York Condominium Corporation No. 202 - 2022 ONCAT 60 - 2022-06-01
Corporation:
BYCC 202
Date:
2022-06-01
Summary:
In the case of Bridglall v. York Condominium Corporation No. 202, the applicant complained of noise and vibrations originating from the unit above her, which had undergone renovations to install vinyl flooring. York Condominium Corporation No. 202 (YCC202) contended that the noise was a result of everyday living and had exhausted its resources in addressing the issue. As the case entered the hearing stage, the question arose as to whether the owners of the upstairs unit (referred to as the "Upstairs Owners") should be added as parties to the proceeding. The Tribunal determined that the Upstairs Owners were directly affected by the matter since the alleged noise emanated from their unit. Consequently, the Upstairs Owners were added as Intervenors in the case.
Under:
CAT Decisions - Motion Order
Noise
Verdict:
In the case of Bridglall v. York Condominium Corporation No. 202, the applicant complained about noise disturbances from the unit above hers, attributed to the renovation of the upstairs unit. The condominium corporation took the position that noise was a part of everyday living. The case reached the hearing stage, and the Tribunal decided to add the "Upstairs Owners" as Intervenors, as they were the source of the alleged noise and their potential liability for remedial action made them directly affected by the proceedings. This decision highlights the importance of involving parties responsible for the alleged issues in condominium-related disputes, ensuring all directly affected parties have the opportunity to be heard.
Takeaways:
Noise Complaint: The applicant filed a complaint against York Condominium Corporation No. 202 (YCC202) regarding noise disturbances from the unit above hers.
Renovation-Related Noise: The noise issue arose after the owners of the upstairs unit, referred to as the "Upstairs Owners," renovated their unit to install vinyl flooring, causing significant noise and vibrations.
YCC202's Position: YCC202 argued that the noise was a part of everyday living and had already taken measures to address the issue.
Hearing Stage: The case reached the hearing stage, prompting consideration of whether the Upstairs Owners should be added as Intervenors or parties in the proceedings.
Adding Upstairs Owners as Intervenors: The Tribunal decided to add the Upstairs Owners as Intervenors because their potential liability for remedial action made them directly affected by the proceedings.
Intervenors Defined: The Condominium Tribunal Authority Rules of Practice, effective from January 1, 2022, treat Intervenors as parties for all purposes in such cases.
Recommendations:
When dealing with noise-related disputes in a condominium setting, it is essential to consider all parties directly affected, including those responsible for the alleged noise, as potential intervenors or parties to the proceeding.
The Condominium Tribunal Authority Rules of Practice, which consider added parties as "Intervenors" for all purposes, provide a framework for involving all relevant parties in the dispute resolution process.
Ensure that proceedings are conducted transparently, as naming parties publicly can be a part of the process, particularly when they are directly involved in the dispute and its potential resolution.