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Milne v. Toronto Standard Condominium Corporation No. 1579 et al. - 2023 ONCAT 102 - 2023-07-27

Corporation:

MTSCC 1579

Date:

2023-07-27

Under:

CAT Decisions - Consent Order
Noise

Summary:

In the case of Milne v. Toronto Standard Condominium Corporation No. 1579 et al., a consent order was reached in Stage 2 - Mediation within the Condominium Authority Tribunal's online dispute resolution system. The dispute involved noise complaints from the applicant, residing in unit 302, related to a commercial gym operating in unit 102 of the condominium. The lease for the commercial gym, "Breakdown Fitness," was set to expire on September 30, 2023, and the tenant of unit 102, agreed not to renew the lease.

The consent order included specific conditions to address the noise issues, outlining restrictions on gym equipment and exercise hours, requiring the posting of usage guidelines within the gym, and stipulating that the gym tenant vacate the premises by September 30, 2023. The condominium corporation and the gym tenant were held responsible for complying with these conditions. The order also detailed the consequences of any breaches and the reporting process for noise complaints

Verdict:

In Milne v. Toronto Standard Condominium Corporation No. 1579 et al. (2023 ONCAT 102), the parties reached a Consent Order to resolve a noise dispute related to a commercial gym within a condominium. The order imposed specific restrictions on gym activities, including the use of certain equipment and limiting exercise hours. The gym tenant agreed not to renew the lease, and compliance would be monitored through the condominium corporation's agents. A cost settlement of $75 was also agreed upon, and compliance could be enforced through the Ontario Superior Court of Justice if necessary. This case illustrates the effectiveness of Consent Orders in addressing and resolving condominium disputes, particularly those related to noise issues.

Takeaways:

Key Takeaways from Milne v. Toronto Standard Condominium Corporation No. 1579 et al. (2023 ONCAT 102):

Consent Order in Noise Dispute: The case was resolved through a Consent Order in the Condominium Authority Tribunal's online dispute resolution system. The parties agreed to settle the dispute regarding excessive noise from a commercial gym within the condominium.

Specific Noise Restrictions: The Consent Order detailed specific restrictions to address noise issues. It required the gym to cease using certain equipment, use appropriate mats under spin bikes, limit the number of individuals exercising, restrict exercise hours, and prohibit actions that generate noise, such as dropping weights and using slam/medicine balls.

Lease Termination: The gym tenant agreed not to renew the lease and to vacate the premises by a specified date, resolving the noise issue in the applicant's unit.

Compliance Monitoring: The order outlined measures for monitoring compliance with the noise restrictions, including reporting breaches in real time to the condominium corporation's agents.

Cost Settlement: The respondents were required to pay the applicant's costs (CAT fees) within 30 business days, and the parties agreed not to pursue further damages or penalties related to the case.

This Consent Order effectively addressed the noise dispute and outlined measures to prevent future disturbances related to the gym activities within the condominium.

Recommendations: 

Standardized Gym Use Rules: Condominium corporations should develop standardized rules and guidelines for the use of commercial gyms within their properties. These rules should include acceptable operating hours, noise limitations, and equipment usage guidelines. This can help prevent disputes and provide clarity to both gym operators and residents.

Pre-Lease Disclosures: Condominium corporations should require landlords leasing units for commercial purposes to provide potential tenants with copies of any existing noise-related orders, including those issued by the Condominium Authority Tribunal. This disclosure should occur before the lease is signed to ensure that tenants are aware of any noise-related restrictions and obligations.

Real-Time Complaint Handling: Condominium corporations should establish efficient procedures for residents to report noise complaints in real time. This may include dedicated security or management personnel to respond to such complaints promptly. Additionally, the response process, as well as any subsequent investigations, should be well-documented to address and enforce noise-related orders effectively.

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