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Toronto Standard Condominium Corporation No. 2048 v. Mortazavi - 2023 ONCAT 17 - 2023-02-03
Corporation:
TSCC 2048
Date:
2023-02-03
Summary:
In the case of Toronto Standard Condominium Corporation No. 2048 v. Mortazavi, the respondent was found to be in violation of the condominium's rules regarding noise. The evidence showed that Mortazavi's actions, particularly loud banging and tapping sounds occurring in his unit, were disturbing other residents and interfering with their quiet enjoyment of their homes. The tribunal ordered the respondent to comply with the condominium's noise-related rules and refrain from creating disruptive sounds. Additionally, he was directed to pay $5,000 in legal costs to the condominium corporation within 30 days. Despite the claims that others were responsible for the noise, the tribunal's decision was based on the preponderance of evidence.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Noise
Verdict:
Based on the findings, the Tribunal determined that Mortazavi had violated the condominium's noise rules and ordered him to comply. Additionally, the respondent was directed to pay $5150 in costs to TSCC 2048 within 30 days. This case highlights the importance of respecting noise regulations in condominiums and the consequences for failure to comply.
Takeaways:
here are three takeaways from the case:
The Toronto Standard Condominium Corporation No. 2048 brought an application against a unit owner, for non-compliance with noise regulations stated in the condominium's declaration and rules.
TSCC 2048 alleged that the respondent was creating loud banging sounds that disturbed other residents, both during the day and night, violating the noise provisions.
The case proceeded to the adjudication stage, but the respondent failed to participate after multiple adjournment requests, leading to the Tribunal deciding the case based on TSCC 2048's evidence.
Recommendations:
Compliance with Condominium Rules: It is essential for all unit owners to comply with noise regulations stated in the condominium's declaration and rules. This includes avoiding any improper noises and disturbances that may interfere with the quiet enjoyment of other residents. It is recommended that all residents familiarize themselves with the noise regulations outlined in their condominium's declaration and rules.
Participation in Legal Proceedings: In this case, the respondent failed to actively participate in the adjudication process after several adjournment requests. It is crucial for parties involved in legal proceedings to actively engage and provide the necessary documentation and information within the given timelines. Failing to participate can result in decisions being made without your input. It is recommended to thoroughly understand the legal process and adhere to the instructions provided by the tribunal or court.
Timely Communication and Awareness: It is essential for all parties involved in legal proceedings to remain informed and updated on the status of the case. In this case, the respondent's request for adjournment and re-opening of the hearing was denied as it was deemed that they should have been aware of the tribunal's rulings. It is recommended to regularly check communication channels, such as the CAT-ODR system mentioned in the case, to stay informed about the case's progress and any decisions made.
Adherence to Costs Orders: The tribunal ordered the respondent to pay $5150 in costs to the applicant, Toronto Standard Condominium Corporation No. 2048, within 30 days of the decision. It is crucial to comply with such orders within the given timeframe. Failure to do so may result in further legal consequences. It is recommended to carefully review and adhere to any costs orders issued by the tribunal or court.