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Tarski v. York Region Standard Condominium Corporation No. 1179 - 2023 ONCAT 80 - 2023-06-14
Corporation:
TYRSCC 1179
Date:
2023-06-14
Summary:
In the case of Tarski v. York Region Standard Condominium Corporation No. 1179, the applicant who owns a penthouse unit in a condominium, complained about unreasonable noise originating from the mechanical room above his unit. The noise had allegedly been a nuisance since 2019, affecting his quiet enjoyment of the property. The condominium corporation, York Region Standard Condominium Corporation No. 1179, had conducted extensive investigations and repairs to address the noise issue.
The dispute revolved around whether the Condominium Authority Tribunal had jurisdiction over the matter and whether the noise issue constituted a breach of the governing documents. Both parties presented expert reports suggesting various remedies to mitigate the noise problem. However, the tribunal ultimately concluded that the issue was primarily related to maintenance and repair of the common elements, which was outside its jurisdiction. The tribunal dismissed the application and declined to award costs to either party.
Under:
CAT Decisions - Decision
Indemnification or Compensation
Noise
Procedural Issue with Governing Documents
Vibration
Verdict:
the quick verdict in the case of Tarski v. York Region Standard Condominium Corporation No. 1179 is that the applicant's complaint about noise from the mechanical room falls within the respondent's duties to maintain and repair common elements, making it outside the jurisdiction of the Tribunal. Therefore, the application is dismissed. The lesson from this case is that it is important to carefully consider and understand the jurisdictional limitations of the Tribunal and the responsibilities of the condominium corporation when bringing forth a complaint or application related to common element issues.
Takeaways:
here are 3-5 takeaways from the case of Tarski v. York Region Standard Condominium Corporation No. 1179:
Jurisdictional issue: The tribunal found that the applicant's complaint about noise from the mechanical room fell within the respondent's duties to maintain and repair common elements, making it outside the jurisdiction of the Tribunal. Therefore, the application was dismissed.
Extensive expert reports: Both parties relied on extensive expert reports to support their arguments. The applicant submitted reports by acoustical consultants Soft dB, while the respondent relied on reports by consulting engineers from SS Wilson and acoustical engineer of Englobe Corp. These reports provided important context for assessing the sound issues in the penthouse unit.
Remedial work and sound improvements: Remedial work was carried out, including vibration isolation for boilers, acoustical treatment within the boiler room, and installation of sound-absorbing material. The reports indicated some sound improvements in certain areas, but also identified a new 500 Hz tone in the second bedroom.
Recommendations:
Understand the Scope of the Tribunal's Jurisdiction: When dealing with issues related to condominium disputes, it is crucial to understand the jurisdictional limits of the Condominium Authority Tribunal (CAT) under the Condominium Act, 1998. This case illustrates that the CAT may not have jurisdiction over certain matters, especially those related to maintenance and repair of common elements. Before initiating proceedings, parties should seek legal advice to determine whether their case falls within the CAT's jurisdiction.
Maintenance and Repair Issues: In cases where condominium unit owners experience noise disturbances due to maintenance or repair issues related to common elements, it is essential to engage with the condominium corporation promptly. Engaging in open and constructive communication with the corporation can help resolve such issues before they escalate into disputes that might not fall within the jurisdiction of the CAT. Maintenance and repair concerns should be addressed through other channels defined in the governing documents and condominium laws.
Expert Opinions and Evidence: In situations involving complex technical matters, such as noise disputes, it's advisable to gather and present expert opinions and evidence. This helps in providing a comprehensive understanding of the issue, potential solutions, and demonstrating a proactive approach to resolving problems. Parties should collaborate with experts to ensure that measurements, assessments, and potential remedies are clearly documented, which can be crucial for presenting a case effectively.