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Choose your role:
Delia v. Ranches et al. - 2022 ONCAT 127 - 2022-11-21
Corporation:
DR 127
Date:
2022-11-21
Summary:
In the case of Delia v. Ranches et al. (2022 ONCAT 127), the applicant alleged experiencing unreasonable noise from the occupants of the unit above his within a condominium corporation. Despite numerous complaints, the tribunal, led by Member Jennifer Webster, dismissed the application. The reasons cited included a lack of objective evidence supporting unreasonable noise, and the absence of an investigation by the condominium corporation. Furthermore, the case was marked by intense acrimony between the parties. Delia initially sought eviction, which was beyond the tribunal's jurisdiction, leading to a revised claim for a noise cessation order and remedial measures, both of which were denied. No costs were awarded.
Under:
CAT Decisions - Decision
Noise
Verdict:
The application made by the Applicant claiming unreasonable noise from the Respondents was dismissed as it lacked objective evidence of unreasonable noise. The tribunal found that the evidence provided by the Applicant was subjective and that there was no substantial proof of unreasonable noise. Therefore, no orders were issued against the Respondents and costs were not awarded to the Applicant
Takeaways:
Takeaways:
Subjective complaints of noise should ideally be substantiated with objective evidence when seeking action from a condominium tribunal.
Condominium corporations have a duty to investigate and take reasonable steps to ensure compliance with governing documents.
When disputes are acrimonious, resolution through tribunal proceedings may not lead to a reduction in tension.
The tribunal cannot issue eviction orders, and claims should be within its jurisdiction.
Parties should be encouraged to commit to respectful community living within condominium corporations.
Recommendations:
Recommendations:
When dealing with noise complaints in a condominium, both complainants and respondents should document and provide objective evidence.
Condominium corporations should conduct thorough investigations when addressing noise complaints.
Parties involved in such disputes are encouraged to maintain respectful communication to avoid further acrimony.