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Kimel v. Toronto Standard Condominium Corporation No. 2026 - 2023 ONCAT 186 - 2023-12-01

Corporation:

KTSCC 2026

Date:

Fri Dec 01 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Noise
Other Type of Nuisance, Annoyance or Disruption
Vibration

Summary:

In the case of Kimel v. Toronto Standard Condominium Corporation No. 2026, the Condominium Authority Tribunal addressed a dispute regarding noise and vibration caused by the operation of garage doors in the condominium complex. The Applicant complained that the noise and vibration from the garage doors, occurring virtually every few minutes, significantly disrupted her daily life and enjoyment of her unit. Despite modifications made by the Respondent, the issue persisted, leading to a legal dispute.

Verdict:

The case highlights the importance of addressing and resolving noise and vibration issues in condominium complexes promptly and effectively. It emphasizes the obligation of condominium corporations to take reasonable steps to mitigate disturbances to unit owners' enjoyment of their properties.

Takeaways:

Jurisdiction: The Tribunal determined its jurisdiction based on provisions in the Condominium Act and the condominium corporation's declaration, which prohibited conditions causing unreasonable interference with unit owners' enjoyment.
Unreasonable Interference: The Tribunal found that the noise and vibration from the garage doors constituted an unreasonable interference with the Applicant's enjoyment of her unit.
Nuisance or Annoyance: The noise and vibration were deemed to be either a nuisance or an annoyance, further supporting the Applicant's case.
Remedies: The Tribunal ordered the Respondent to replace the garage door system with a newer, quieter system and awarded compensation and legal costs to the Applicant.
Consideration of Evidence: The Tribunal heavily relied on expert reports and evidence provided by both parties to reach its decision.
Fairness: The Tribunal considered the conduct of both parties throughout the proceedings, awarding costs based on the reasonableness of their actions.

Recommendations: 

Condominium corporations should proactively address complaints related to noise and other nuisances to maintain a harmonious living environment for all residents. Prompt action, consideration of expert recommendations, and fair resolution of disputes can help prevent escalation and legal proceedings.

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