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Toronto Standard Condominium Corporation No. 1791 v. Franklin - 2022 ONCAT 96 - 2022-09-09

Corporation:

TSCC 1791

Date:

2022-09-09

Summary:

This is a decision made by the Condominium Authority Tribunal of Ontario in response to a dispute between Toronto Standard Condominium Corporation No 1791 and the owner and occupant of a unit in TSCC 1791. TSCC 1791 submitted that the respondent frequently breached the provisions in its governing documents that prohibit unreasonable noise or nuisance. TSCC 1791 requested that the Tribunal order the respondent to comply with its governing documents, and prohibit him from any action violating the noise and nuisance provisions. They also requested that the respondent pay its legal costs in this matter pursuant to the indemnification provisions in its declaration and rules. For the reasons set out in the decision, the Tribunal found that the respondent failed to comply with TSCC 1791's governing documents and ordered him to comply with the provisions in the governing documents that relate to unreasonable noise and nuisance.

Under:

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

Verdict:


The verdict in this case is that the respondent has failed to comply with the governing documents of Toronto Standard Condominium Corporation No 1791 (TSCC 1791) that prohibit unreasonable noise and nuisance. The Condominium Authority Tribunal ordered the respondent to comply with these provisions and pay TSCC 1791's legal costs of $3500 and Tribunal filing fees within 30 days of the decision.

Lesson:

The lesson from this case is that unit owners in condominiums must adhere to the provisions outlined in the governing documents related to noise and nuisance. Failure to do so can lead to legal action and financial consequences.

Takeaways:

Unit owners should comply with the provisions in their condominium corporations' governing documents that prohibit unreasonable noise or nuisance.
In case of disputes concerning noise or nuisance breach, unit owners may be ordered to pay for legal costs incurred by the condominium corporation.
Administrative tribunals like the Condominium Authority Tribunal of Ontario have the jurisdiction to hear noise and nuisance disputes that emerged prior to the expansion of their jurisdiction, as long as they relate to current and ongoing compliance issues.

Recommendations: 

Familiarize yourself with the governing documents: It is important for unit owners to thoroughly read and understand the governing documents of their condominium corporation, including provisions related to noise and nuisance. This will help ensure compliance and avoid potential conflicts.

Address noise and nuisance complaints promptly: If you receive complaints about noise or nuisance from neighbors or the condominium corporation, take them seriously and address the issues promptly. Open communication and resolving disputes in a timely manner can help maintain a peaceful living environment within the condominium community.

Seek legal advice when necessary: In the case of disputes or legal actions related to noise and nuisance, it is advisable to seek legal advice from professionals experienced in condominium law. They can provide guidance on your rights and responsibilities, and help navigate the legal process effectively.

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