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Peel Condominium Corporation No. 112 v. Uthayachandran et al. - 2023 ONCAT 167 - 2023-11-08

Corporation:

PCC 112

Date:

Wed Nov 08 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Summary:

The case of Peel Condominium Corporation No 112 v Uthayachandran et al involves a dispute regarding noise disturbances in a residential condominium complex. Peel Condominium Corporation No 112 (PCC112) alleges that the respondents have created unreasonable noise that violates the Condominium Act 1998 and the corporation's governing documents. PCC112 seeks an order for the respondents to cease and desist from making unreasonable noise and requests an award for legal fees and costs. Despite being given multiple opportunities to participate, the respondents did not engage in the negotiation or mediation stages of the tribunal process. Based on the evidence provided by PCC112, the tribunal found that the respondents had not complied with the Act and the condominium's governing documents and ordered them to come into compliance, cease and desist from making unreasonable noise, and pay the tribunal filing fee and legal costs.

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise

Verdict:

In the case of Peel Condominium Corporation No. 112 v. Uthayachandran et al., the Condominium Authority Tribunal found that the respondents, owners of a unit in the condominium complex, were causing unreasonable noise that constituted a nuisance in violation of the Condominium Act, 1998, and the condominium corporation's governing documents. The tribunal ordered the respondents to immediately cease and desist from creating or allowing such noise and imposed a financial penalty, including payment of the Tribunal filing fee and legal costs totaling $3,317.96. The decision emphasizes the importance of complying with condominium rules and addressing noise concerns to ensure the peaceful enjoyment of the property by other residents.

Takeaways:

Unreasonable Noise Violations: The case involves Peel Condominium Corporation No. 112's pursuit of an order against the respondents for creating unreasonable noise, violating section 117(2) of the Condominium Act, 1998, and the condominium's governing documents.

Repeated Incidents: The evidence presented by the condominium corporation includes 19 incident reports spanning from December 2022 to October 2023, indicating a pattern of disruptive noise, including yelling, shouting, loud music, and running, causing a nuisance and disturbing other residents.

Order and Remedies: The tribunal orders the respondents to immediately cease and desist from creating unreasonable noise, emphasizing compliance with the Condominium Act and the corporation's governing documents. Additionally, the respondents are directed to pay the tribunal filing fee and legal costs incurred by the condominium corporation, totaling $3,467.96.

Lack of Respondent Participation: Despite multiple opportunities, the respondents did not participate in earlier stages of the tribunal process, indicating a lack of engagement and cooperation.

Costs Award: The tribunal awards legal costs to the condominium corporation, citing the respondents' unreasonable conduct and lack of participation as factors in determining the appropriate amount of costs, set at $3,317.96.

Recommendations: 

Compliance with Governing Documents:

The Respondents should promptly comply with the order issued by the Tribunal, specifically ceasing and desisting from creating or allowing loud noises, as outlined in Section 117(2) of the Condominium Act, 1998, and Peel Condominium Corporation No. 112's declaration and rules. It is in the best interest of all parties involved to abide by the order to maintain a peaceful living environment within the condominium complex.
Legal Representation:

Given the complexity of the case and the legal issues involved, the Respondents may want to consider seeking legal representation. While they represented themselves during the proceedings, consulting with a legal professional could help them better understand their rights and obligations, navigate the legal process, and potentially negotiate a resolution with Peel Condominium Corporation No. 112.
Mediation or Alternative Dispute Resolution:

Considering the ongoing conflict and the potential impact on the community, the parties involved might explore mediation or alternative dispute resolution methods. This could provide an opportunity for a neutral third party to facilitate communication and negotiation between Peel Condominium Corporation No. 112 and the Respondents. Through mediation, the parties may find a mutually acceptable resolution that addresses the noise issues and maintains a harmonious living environment for all residents.

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