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Toronto Standard Condominium Corporation No. 1978 v. Hackman - 2022 ONCAT 143 - 2022-12-20

Corporation:

TSCC 1978

Date:

2022-12-20

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Compliance with Settlement Agreement
Indemnification or Compensation
Noise
Odour
Other Type of Nuisance, Annoyance or Disruption

Summary:

The case "Toronto Standard Condominium Corporation No 1978 v Hackman" involves a dispute where the condominium corporation alleges that the respondent has contravened a settlement agreement by creating excessive noise and nuisance, disturbing the quiet enjoyment of other residents. The respondent argues that the noises complained of are related to ordinary activities and believes the sound insulation in the building is inadequate. The condominium authority tribunal finds that the respondent has contravened the settlement agreement and determines that the board has a duty to investigate his complaints about noise and odours.

Verdict:

the quick verdict of the case "Toronto Standard Condominium Corporation No 1978 v Hackman" is that the respondent has contravened the settlement agreement by creating excessive noise and nuisance, disturbing the quiet enjoyment of other residents. The lesson from this case is that condominium residents must comply with settlement agreements and regulations to ensure the comfort and quiet enjoyment of all residents.

Takeaways:

Takeaways:

Condominium residents must comply with settlement agreements and regulations outlined in condominium declarations, by-laws, and rules to ensure the comfort and quiet enjoyment of all residents.
A duty lies with the condominium board to investigate complaints of excessive noise and odours made by residents, even if the sounds are related to ordinary activities.
Objective evidence of noise levels can be crucial in determining the reasonableness of complaints, but it may be challenging to obtain in cases where the noises happen intermittently and unpredictably.
Inadequate sound insulation in condominium buildings can contribute to noise-related disputes between residents and require attention from the condominium corporation.

Recommendations: 

Recommendations:

To resolve noise-related disputes in condominiums, it is essential to gather objective evidence of noise levels to support claims.
Condominium boards should have a duty to investigate complaints of excessive noise and other nuisances promptly.
Insufficient sound insulation in condominium units should be addressed by the condominium corporation to prevent disturbances to other residents.

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