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Lee v. Wong et al. - 2022 ONCAT 147 - 2022-12-22

Corporation:

LW 147

Date:

2022-12-22

Under:

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

Summary:

The case of Lee v Wong et al before the Condominium Authority of Ontario involved a dispute over unreasonable noise and nuisance between the applicant and the respondents who owned the unit above hers. The applicant claimed that she was subjected to daily disturbances such as banging, heavy footsteps, and loud bodily functions, among others. She also alleged that the respondents were overwatering plants on their balcony, causing water leakage onto her terrace. The respondents denied being the source of the noise and argued that Lee's complaints were unfounded and harassing. The tribunal ultimately dismissed Lee's application, ruling that the evidence did not support a finding of unreasonable noise or nuisance. Lee was ordered to pay costs to the Toronto Standard Condominium Corporation No 2806.

Verdict:

Quick Verdict/Lesson:
The tribunal in the case of Lee v Wong et al dismissed the applicant's claim of unreasonable noise and nuisance against the respondents. The lesson from this case is the importance of having verifiable evidence and conducting proper investigations in addressing noise and nuisance complaints in condominium disputes.

Takeaways:

Takeaways:

The tribunal found that there was insufficient evidence to support the claim of unreasonable noise and nuisance by the respondents.
The case highlights the challenges and acrimony that can arise in condominium disputes involving noise and nuisance complaints.
Proper investigation and verifiable evidence are crucial in addressing noise and nuisance issues between neighboring units.
The ruling reminds parties involved to handle such complaints with dignity, respect, and due diligence.
The decision emphasizes the importance of balancing the rights and enjoyment of all parties in a condominium community.

Recommendations: 

Recommendations:

Encourage open communication and cooperation between neighbors.
Conduct thorough investigations of noise or nuisance complaints.
Consider mediation or alternative dispute resolution methods.
Remind residents to comply with governing documents and legislation.
Seek professional guidance for complex or contentious situations.

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