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Jones v. Toronto Standard Condominium Corporation No. 2017 - 2022 ONCAT 139 - 2022-12-06

Corporation:

JTSCC 2017

Date:

2022-12-06

Under:

CAT Decisions - Decision
Noise

Summary:

In the case of Jones v. Toronto Standard Condominium Corporation No. 2017, a unit owner, alleged unreasonable noise from heat pumps in neighboring units that affected her right to quiet enjoyment. Toronto Standard Condominium Corporation No. 2017 (TSCC 2017) argued that there was no excessive noise in the applicant's unit and that she was responsible for maintaining her own heat pump. The Condominium Authority Tribunal (CAT) found that there was a noise nuisance, and TSCC 2017 failed to address it adequately. Jones was awarded $1,400 for expert noise reports and $700 in costs.

Verdict:

the quick verdict is that the Condominium Authority Tribunal found that there was a noise nuisance in violation of the condominium's governing documents and the Condominium Act. The tribunal concluded that the condominium did not take reasonable steps to address the nuisance and awarded the applicant costs and damages for expert noise reports.

The lesson from this case is that condominiums should promptly and effectively address noise complaints from unit owners to ensure their right to reasonable, quiet enjoyment of their units. It is important to thoroughly investigate and resolve noise issues, work with experts if necessary, and take appropriate measures to mitigate noise disturbances.

Takeaways:

Takeaways:

The CAT determined that there was a noise nuisance caused by neighboring heat pumps, which violated TSCC 2017's governing documents and the Condominium Act, 1998.
TSCC 2017 did not take reasonable steps to address the noise nuisance, as they failed to follow the recommendations in the noise reports.
The applicant was awarded damages for expert noise reports and costs.
The case highlights the importance of diligently investigating and addressing complaints regarding noise issues in condominiums.
Unit owners have the right to reasonable, quiet enjoyment of their units, and condominium corporations have an obligation to address noise disturbances affecting residents.

Recommendations: 

Promptly address noise complaints to avoid violations.
Thoroughly investigate noise issues with expert assistance.
Take appropriate action to mitigate noise disturbances.
Communicate and collaborate with affected unit owners.
Document all actions taken to resolve the issue.

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