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Durham Standard Condominium Corporation No. 259 v. McGee et al. - 2023 ONCAT 92 - 2023-07-17

Corporation:

DSCC 259

Date:

2023-07-17

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise
Other Type of Nuisance, Annoyance or Disruption
Parking and Storage
Pets and Animals
Smoke and/or vapour
Vehicles

Summary:

In the case of Durham Standard Condominium Corporation No. 259 v. McGee et al. (2023 ONCAT 92), the condominium corporation brought a case against the owners of Unit 308 in the condominium due to ongoing complaints about noise, smoke, and related nuisances, annoyances, and disruptive behavior by the residents and guests of the unit. The Applicant sought an order to cease the conduct and reimbursement of its incurred costs. The Respondents did not participate significantly in the proceedings. The tribunal found the conduct issues within its jurisdiction and ordered the Respondents to cease such conduct. It also ordered the Respondents to pay costs and compensation to the Applicant

Verdict:

the quick verdict/lesson from the case of Durham Standard Condominium Corporation No. 259 v. McGee et al is that the condominium corporation successfully brought a case against the owners of Unit 308 due to ongoing complaints about noise, smoke, and related nuisances caused by the occupants and guests of the unit. The respondents did not actively participate in the proceedings, and the Condominium Authority Tribunal (CAT) determined that certain issues related to noise, smoking, keeping a pitbull, and improper garbage disposal fell under its jurisdiction. This case highlights the importance of following condominium rules and regulations, addressing complaints from other residents, and engaging in the legal process when necessary to maintain a conducive and peaceful living environment in a condominium complex.

Takeaways:

here are three key takeaways from the case of Durham Standard Condominium Corporation No. 259 v. McGee et al:

Ongoing issues: The condominium corporation filed the case against the owners of Unit 308 due to ongoing complaints about noise, smoke, and other disruptive behavior from residents and guests of the unit. These issues caused significant worry, distress, and discomfort for other residents.

Lack of participation: The respondents did not actively participate in the proceedings. the other respondent did not participate at all, while the other provided limited information about their relationship and the respondent's mental health conditions. They declined further participation and failed to provide evidence during the proceedings.

Jurisdiction of the tribunal: The Condominium Authority Tribunal (CAT) determined that certain issues related to excessive noise, keeping a pitbull on the property, smoking, odors, and improper garbage disposal fell within its jurisdiction. The CAT cited specific provisions in the condominium corporation's rules and regulations and the Condominium Act to address these matters.

Recommendations: 

Compliance with Condominium Rules: The Respondents, Aaron McGee and Jake Karns, must immediately ensure compliance with all of the condominium rules and regulations, as specified in the order. This includes addressing excessive noise, loitering, urinating, smoking, and related activities in the common elements. It's essential to respect the provisions of the declaration and rules regarding parking, pets, and garbage disposal. Compliance with these rules is necessary to maintain a harmonious living environment within the condominium.

Costs Payment: The Respondents, Aaron McGee and Jake Karns, are jointly liable to pay the Applicant $10,071.11 as costs under clause 1.44 (1) 4 of the Condominium Act, 1998. This cost is intended to reimburse the Applicant for its legal expenses and disbursements incurred during the proceedings. Payment of these costs should be made promptly to the Applicant.

Compensation Payment: The Respondents are also required to pay the Applicant $1,904.66 as compensation under clause 1.44 (1) 3 of the Condominium Act, 1998. This compensation may be related to expenses incurred by the condominium corporation due to breaches of rules and regulations. Similar to costs, this compensation should be paid to the Applicant without delay.

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