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Toronto Standard Condominium Corporation No. 2745 v. Akinola - 2023 ONCAT 187 - 2023-12-04


TSCC 2745


Mon Dec 04 2023 05:00:00 GMT+0000 (Coordinated Universal Time)


Toronto Standard Condominium Corporation No. 2745 (TSCC 2745) filed an application against unit owner for persistent noise and violation of no-smoking rules. Despite evidence of multiple incidents, the owner did not participate in the case. TSCC 2745 presented security reports, compliance letters, and warnings from August 2022 to October 2023. The Tribunal found the unit owner responsible for a noise nuisance, involving disturbances and physical altercations, and violating no-smoking rules on the common elements. He was ordered to bring compliance, and TSCC 2745 was granted $150 in filing fees reimbursement.


CAT Decisions - Decision
Compliance with Governing Documents
Smoke and/or vapour


In a written online hearing, the Condominium Authority Tribunal issued a verdict in Toronto Standard Condominium Corporation No. 2745 v. Akinola, ordering the unit owner to immediately comply with noise and smoking provisions of the Condominium Act and governing documents. The tribunal found the unit owner responsible for persistent noise disturbances and smoking violations, creating a substantial interference with neighbors' quiet enjoyment. The order includes a $150 reimbursement to TSCC 2745 for filing fees, emphasizing the importance of respecting condominium regulations to maintain a harmonious living environment.


Persistent Nuisance: The case involves Toronto Standard Condominium Corporation No. 2745 (TSCC 2745) seeking an order against unit owner for persistent noise and smoking violations, causing a nuisance and disruption.

Non-compliance and Unresponsiveness: The unit owner, despite evidence presented by TSCC 2745, did not participate in the proceedings, displaying non-compliance with condominium regulations. He was unresponsive to warnings and did not join the legal action.

Noise and Smoking Violations: The Tribunal found the unit owner responsible for creating a noise nuisance, including disturbing incidents, and repeatedly violating smoking rules on the common elements.

Order and Reimbursement: The Tribunal issued an order for the unit owner to bring compliance and reimburse TSCC 2745 $150 for filing fees within 30 days.

Inherent Unreasonableness: Smoking violations were deemed inherently unreasonable, leading to a breach of the Smoking Provisions.


Immediate Compliance Measures:
The unit owner should promptly take all necessary actions to ensure compliance with the Noise Provisions and Smoking Provisions outlined in TSCC 2745's governing documents. This includes addressing noise disturbances and refraining from smoking in prohibited areas. Timely adherence to these provisions will contribute to a more harmonious living environment for all residents.

Engagement and Communication:
Encourage TSCC 2745 and the the unit owner to engage in constructive communication and resolution. Facilitate a dialogue between the concerned parties to discuss grievances, expectations, and potential solutions. Mediation or facilitated discussions may help address underlying issues and establish a framework for improved neighborly relations.

Ongoing Monitoring and Enforcement:
Implement a monitoring system to track the unit owner's compliance with the tribunal's order. Regular checks and communication with neighbors can help assess whether the noise and smoking issues are being effectively addressed. If non-compliance persists, TSCC 2745 should be prepared to take further legal action or seek additional remedies available under the Condominium Act, 1998, to protect the rights and well-being of other residents.

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