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Russell v. Simcoe Condominium Corporation No. 8

Corporation:

​

Date:

2025-04-03

Summary:

This case involves a dispute between a condo owner and a condo corporation over noise complaints. The owner claimed that the noise from a neighbouring unit was causing her distress, while the corporation argued that it had taken all reasonable steps to address the issue.

Under:

Noise, Dispute Resolution, Compliance with Condo Rules

Verdict:

The CAT found that the condo corporation had taken reasonable steps to address the noise complaint and therefore did not need to take any further action. This case shows that condo corporations are expected to take noise complaints seriously, but they are not required to completely eliminate all sources of noise.

Takeaways:

- Condo corporations must take reasonable steps to address and resolve noise complaints from unit owners.
- Owners must provide sufficient evidence to support their claims of excessive noise.
- The Condominium Authority Tribunal (CAT) has the authority to order a condo corporation to take further action on noise complaints if it finds that the corporation has not done enough.

Recommendations: 

- Condo corporations should have a clear process in place for addressing noise complaints and should ensure that they take reasonable steps to resolve such complaints.
- Unit owners should be aware that they need to provide sufficient evidence to support their complaints.
- Both parties should be prepared to engage in dispute resolution processes, such as those provided by the CAT, to resolve disagreements.

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