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Ettinger v. Toronto Standard Condominium Corporation No. 2345 et al. - 2022 ONCAT 146 - 2022-12-21

Corporation:

ETSCC 2345

Date:

2022-12-21

Under:

CAT Decisions - Motion Order

Summary:

In the case of Ettinger v. Toronto Standard Condominium Corporation No. 2345 et al., a noise complaint was filed by the applicant against the Toronto Standard Condominium Corporation No. 2345 and its unit owner as well as initially believed to be non-owner occupants. However, it was later revealed that non-owner occupants were no longer tenants. All parties agreed to remove non-owner occupants as respondents from the case. The respondent suggested that the noise might be due to building mechanical systems, but this claim was not addressed in this motion. The tribunal, under section 1.44 of the Condominium Act, 1998, ordered the removal of non-owner occupants as respondents.

Verdict:

Quick Verdict/Lesson:

In the case of Ettinger v. Toronto Standard Condominium Corporation No. 2345 et al., the tribunal ordered the removal of non-owner occupants as respondents due to their no longer being tenants. The case involved an ongoing noise complaint, and the cause of the noise, potentially related to mechanical systems in the building, was not determined in this motion.

Takeaways:

Takeaways:

The case involved a noise complaint in a condominium complex.
Non-owner occupants were initially named as respondents but were later removed as tenants, as they were no longer living in the unit.
All parties agreed to the removal of non-owner occupants from the case.
The cause of the noise, potentially related to building mechanical systems, was not determined in this motion.
The tribunal issued an order under the Condominium Act, 1998 to remove the non-tenant respondents from the case.

Recommendations: 

Recommendations:

In legal proceedings, it's essential to ensure that all parties involved are accurately named and categorized, as their status may change over time.

Parties should be encouraged to provide submissions and evidence when responding to legal matters, even if they agree with the proposed actions, to ensure transparency and a complete record of the case.

When addressing specific issues, such as noise complaints, focus on the matters directly related to the case and avoid making findings on unrelated claims or concerns. This helps maintain the clarity and efficiency of the legal process.

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