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Bridglall v. York Condominium Corporation No. 202 - 2022 ONCAT 132 - 2022-11-28

Corporation:

BYCC 202

Date:

2022-11-30

Under:

CAT Decisions - Decision
Noise

Summary:

This case involves a complaint from a unit owner in York Condominium Corporation No. 202 (YCC 202), regarding noise and vibrations caused by her upstairs neighbors. Despite the Lozadas' efforts to minimize noise, the applicant claimed that the noise was affecting her health and job performance. YCC 202 has not thoroughly investigated the source of the noise or its impact on the applicant's unit. However, the tribunal found that the applicant had proven that the noise and vibration reached the level of a nuisance and ordered YCC 202 to conduct further investigations and develop a remediation plan to reduce the noise to a reasonable level.

Verdict:

the quick verdict in this case is that the tribunal finds that the noise and vibration experienced by the applicant in her condominium unit constitute a nuisance. The condominium corporation is directed to investigate and determine the source of the noise, develop a remediation plan to lessen the noise to a reasonable level, and assess the success of the plan.

Takeaways:

Takeaways:

The applicant filed a complaint about noise and vibrations from her upstairs neighbors.
York Condominium Corporation No. 202 did not thoroughly investigate the issue.
Bridglall proved that the noise and vibration reached the level of a nuisance.
The tribunal ordered YCC 202 to conduct further investigations into the source of the noise and develop a remediation plan.
YCC 202's response to the complaints was deemed inadequate by the tribunal.

Recommendations: 

Recommendations:

The condominium corporation should take noise complaints seriously and conduct thorough investigations to determine the source of the noise and its impact on other unit owners.
It is important for condominium corporations to enforce rules and regulations related to noise disturbances to ensure a peaceful living environment for all residents.
When addressing noise complaints, it may be beneficial for the condominium corporation to involve professional acoustical experts to assess the situation and propose appropriate remedies.

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