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Stoicevski v. Peel Standard Condominium Corporation No. 668 - 2023 ONCAT 86 - 2023-07-13

Corporation:

SPCC 38

Date:

2023-07-13

Under:

CAT Decisions - Decision
Indemnification or Compensation
Odour

Summary:

The case, Stoicevski v. Peel Standard Condominium Corporation No. 668, involves a dispute between the applicant, and Peel Standard Condominium Corporation No. 668, the respondent. The applicant alleges that there has been an unreasonable odour transfer into her unit from the respondent's common elements and/or another unit (Unit X), which constitutes a nuisance, annoyance, or disruption under the Condominium Act, 1998. The applicant requests the tribunal to find the respondent in breach of the Act and its governing documents and order specific remedies, including inspections and compliance with recommendations, as well as payment of damages. In the decision, the tribunal finds that the applicant has not established an unreasonable odour transfer and that the respondent has fulfilled its obligations. The tribunal also decides not to order any remedies and denies the request for costs

Verdict:

the quick verdict from the case "Stoicevski v Peel Standard Condominium Corporation No 668" is that the Condominium Authority Tribunal found that the Applicant had not established that there was an unreasonable odour transfer from another unit and the common elements that constituted a nuisance, annoyance, or disruption under the Condominium Act. Therefore, the tribunal did not order any remedy in this case and decided that costs should not be awarded. The lesson from this case is that in order to establish a claim of odour transfer as a nuisance, annoyance, or disruption, sufficient evidence needs to be presented to demonstrate the unreasonableness and impact on the affected unit.


Takeaways:

Based on the information provided, here are three key takeaways from the case "Stoicevski v Peel Standard Condominium Corporation No 668":

Odour Transfer Claim: The Applicant alleged that there was an unreasonable odour transfer from another unit (Unit X) and the common elements of Peel Standard Condominium Corporation No 668 (PSCC No 668) into her unit. She claimed that this odour transfer constituted a nuisance, annoyance, or disruption under the Condominium Act 1998.

Requested Remedies: The Applicant requested that the Condominium Authority Tribunal (CAT) find PSCC No 668 in breach of sections 117 and 119 of the Act, order the corporation to conduct inspections related to the odour transfer, comply with recommendations from contractors, and pay damages of $329,472 for costs incurred.

Tribunal Decision: However, the CAT ruled in favor of PSCC No 668, finding that the Applicant had not established that there was an odour transfer that was unreasonable and constituted a nuisance, annoyance, or disruption under the Act. The tribunal also concluded that PSCC No 668 had fulfilled its obligations under the Act and its governing documents regarding the alleged odour transfer. Additionally, the tribunal decided that costs should not be awarded, and each party would bear their own costs.

Recommendations: 

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