Background Information: The case of Gan v. Yeomans involved a dispute in a small condominium community, with the applicant and the respondent. Applicant alleged that noise from the respondent unit was interfering with her quiet enjoyment of her home.

Condominium Registration: The condominium in question, Kenora Standard Condominium Corporation No. 17 (KSCC 17), was registered in March 2021. This registration is significant because it led to a Tarion Warranty Corporation performance audit in March 2022, which identified various building deficiencies.

Noise Complaints: The main issue in the case revolved around whether the respondent's activities in her unit were causing unreasonable noise, violating both the Condominium Act and KSCC 17's governing documents. Noise complaints included sounds of banging, crashing, drilling, dropping of items, stomping, and thumping, which were noted in a log kept by the applicant.

Board Involvement: KSCC 17's board sent several letters to the repondent regarding the noise complaints and suggested measures to address the issue, such as wearing soft-soled shoes and using area rugs to dampen sound.

Tribunal Decision: The tribunal found that while some daytime noises may not have been unreasonable, the nighttime disturbances were substantial and constituted a nuisance, violating Rule C.1 of the condominium's governing documents. As a remedy, the respondent was ordered to install appropriately sized carpets or rugs in her unit's bedrooms and to wear soft-soled shoes in her unit between 11 pm and 7 am. Additionally, the applicant was directed to reimburse $200 for her filing fees with the tribunal.

This case demonstrates the importance of balancing the rights and circumstances of both parties while addressing noise issues in a condominium community and the significance of compliance with governing documents and regulations.