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Toronto Standard Condominium Corporation No. 2136 v. Longhurst et al. - 2023 ONCAT 30 - 2023-02-27

Corporation:

TSCC 2136

Date:

2023-02-27

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Noise

Summary:

In the case of Toronto Standard Condominium Corporation No 2136 v Longhurst et al, the tribunal heard a dispute regarding unreasonable noise created by the occupants of a unit and their failure to comply with the condominium corporation's rules. The tribunal found that the respondent and the intervenor had indeed created unreasonable noise in violation of the Condominium Act and the corporation's governing documents. The tribunal ordered the intervenor to comply with the rules regarding noise and ordered the respondent to take reasonable steps to ensure compliance. Additionally, they were jointly and severally ordered to pay costs within 30 days. Despite being properly notified, neither the respondent nor the intervenor participated in the proceedings. Therefore, the decision was based solely on the evidence and submissions of the condominium corporation.

Verdict:

Quick verdict/lesson: The case highlights the importance of complying with noise regulations and the responsibilities of property owners to take reasonable steps to ensure their occupants' compliance. It also emphasizes the potential financial consequences, such as the requirement to pay costs, for non-compliance with governing documents.

Takeaways:

Violation of noise regulations: The respondents, were found to be creating unreasonable noise in violation of the Condominium Act and the condominium corporation's governing documents.

Failure to take reasonable steps: The tribunal found that the respondent, as the owner of the unit, failed to take reasonable steps to ensure compliance with noise regulations by the occupants.

Indemnification and costs: The tribunal ordered the respondent and the intervenor to comply with noise regulations and further ordered them to jointly and severally pay $7400.81 in costs within 30 days of the decision.

Recommendations: 

Recommendations:
Noise Awareness and Compliance: Condominium owners and occupants should be made aware of and educated about noise regulations outlined in the Condominium Act and the condominium corporation's governing documents. This awareness can help prevent violations and maintain a peaceful living environment.

Timely Resolution of Violations: Condominium corporations should have clear and efficient procedures in place for addressing noise complaints and violations. Swift resolution of such issues can prevent prolonged disturbances and disputes within the community.

Legal Responsibilities: Property owners should be informed about their legal responsibilities in ensuring that their occupants comply with condominium regulations. It's essential for owners to take reasonable steps to prevent or address violations promptly.

Costs and Indemnification: Individuals found in violation of condominium regulations may be subject to financial consequences, such as paying costs associated with dispute resolution. Therefore, it's crucial for all parties to understand the potential financial implications of non-compliance.

Mediation and Conflict Resolution: Encouraging the use of mediation and alternative dispute resolution methods can help resolve conflicts more amicably and efficiently, reducing the need for costly legal actions. Condominium corporations can consider offering mediation services to address disputes.

By implementing these recommendations, condominium communities can foster a more harmonious living environment and reduce the incidence of noise-related conflicts and violations.

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