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Chang v. Peel Condominium Corporation No. 409 et al. - 2022 ONCAT 136 - 2022-12-01

Corporation:

CPCC 409

Date:

2022-12-01

Under:

CAT Decisions - Decision
Noise

Summary:

In the case of Chang v. Peel Condominium Corporation No. 409 et al. (2022 ONCAT 136), the Applicant alleged that he and his family had been experiencing unreasonable noise from a Tenant in the unit above his in the condominium. The case proceeded as a mediation/adjudication, and the Corporation agreed to address the noise nuisance by confirming procedures, copying the CEO on noise-related communications, and responding promptly to the applicant. The Corporation also agreed to pay Tribunal fees and costs to the pplicant. The Landlord, who had not initially joined the case, was later allowed to participate and claimed that he was not aware of the noise issue. The Landlord was found to have failed to take reasonable steps to address the issue promptly. However, since the Tenant had vacated the premises, no further remedies were ordered against the Landlord or Tenant. The Applicant's request for compensation was denied due to a lack of supporting evidence. The Tribunal also declined to award legal fees or costs against the Landlord and Tenant.

Verdict:

Quick Verdict/Lessons:
The case of Chang v. Peel Condominium Corporation No. 409 et al. addressed a noise nuisance dispute in a condominium. The tenant's frequent and disruptive noise was found to be unreasonable, constituting a nuisance, annoyance, and disruption to the neighbor. The condominium owner's obligations to address such issues were reinforced. However, the tenant had already moved out, so no further remedies were ordered. The landlord was held responsible for not taking reasonable steps to address the issue, despite his claims of not receiving proper notice. Compensation was not awarded due to a lack of evidence, and no additional costs were ordered against the landlord and tenant.

Takeaways:

Key Takeaways:

The case involved a noise dispute within a condominium, with the Applicant claiming that the noise from the Tenant above his unit was unreasonable.
The Corporation and Applicant reached a settlement to address the noise issue by implementing specific procedures and agreed to pay Tribunal fees and costs to the Applicant.
The Landlord, who had not initially participated, was found to have failed in his duty to address the noise issue promptly but faced no further remedies as the Tenant had already vacated.
The Applicant's request for compensation was denied due to a lack of supporting evidence.
The Tribunal declined to award legal fees or costs against the Landlord and Tenant.

Recommendations: 

Recommendations:

Condominium corporations should ensure they have clear procedures for addressing noise nuisances to maintain a peaceful living environment.
Condominium owners must actively take steps to ensure their tenants comply with the condominium's rules and governing documents.
Effective communication between all parties involved is essential to address and resolve such disputes promptly.
Keeping contact information up-to-date is crucial to receive notifications and resolve issues promptly.
Parties should provide appropriate evidence to support claims for compensation or costs in tribunal cases.

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