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Kassir v. Metropolitan Toronto Condominium Corporation No. 607 - 2024 ONCAT 34 - 2024-03-07

Corporation:

KMTCC 607

Date:

Thu Mar 07 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Noise
Odour
Reasonableness and/or Consistency of Governing Documents
Smoke and/or vapour

Summary:

In Kassir v. Metropolitan Toronto Condominium Corporation No. 607, the Applicant complained about an intruder causing disturbances like noise, smoke, and odour in the condominium. The Respondent's efforts to address the issue were deemed insufficient. Although the disturbances didn't qualify as nuisances, they were considered annoyances under subsection 117(2) of the Condominium Act. The Respondent was ordered to intensify efforts to prevent the intruder's entry, increase security measures, and report monthly on actions taken. Additionally, the Respondent was instructed to reimburse the Applicant $200 for Tribunal fees.

Verdict:

Condominium management must take adequate measures to address disturbances, even if they don't meet the threshold of nuisances, to ensure residents' peace and comfort.

Takeaways:

Identification of annoyances: The Tribunal differentiated between nuisances and annoyances under the Condominium Act, acknowledging the disturbances caused by the intruder as annoyances.
Insufficient efforts: Despite some measures, the Respondent's actions to address the intruder were considered inadequate by the Tribunal.
Intensified security measures: The Respondent was ordered to enhance security measures to prevent the intruder's entry effectively.

Recommendations: 

Strengthen enforcement: Implement more effective measures, such as exploring arrest options, to prevent the intruder's entry.
Enhance security: Increase surveillance and patrols to better monitor and prevent unauthorized access.
Improve communication: Provide regular reports to residents regarding actions taken to address such issues and their outcomes for transparency and accountability.




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