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Toronto Standard Condominium Corporation No. 2448 v. Ihejirika et al. - 2023 ONCAT 178 - 2023-11-24

Corporation:

TSCC 2448

Date:

Fri Nov 24 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

This case, "Toronto Standard Condominium Corporation No 2448 v Ihejirika et al," involves noise complaints made by Toronto Standard Condominium Corporation No 2448 (TSCC 2448) against a tenant in a unit owned by Doctor. TSCC 2448 alleged that the respondent's noise levels exceeded acceptable limits and violated the condominium's governing documents and the Condominium Act 1998. Both respondents claimed that the complaint was motivated by discrimination and harassment. However, the Tribunal ruled in favor of TSCC 2448, ordering a tenant to comply with the rules and the unit owner to take necessary steps to ensure compliance. The Respondents were also ordered to jointly and severally pay TSCC 2448 $4,500 as compensation for damages and $21,500 in costs. The case highlights the importance of complying with rules and regulations in condominium units, especially concerning excessive noise levels.

Verdict:

"Toronto Standard Condominium Corporation No 2448 v Ihejirika et al" is that the tenant failed to comply with the provisions of the Condominium Act and the corporation's governing documents regarding noise, while the unit owner failed to ensure her compliance. As a result, they are jointly and severally ordered to pay the corporation $4,500 in compensation for damages and $21,500 in costs within 30 days. The lesson from this case is the importance of respecting noise regulations and taking reasonable steps to ensure compliance within a condominium community.

Takeaways:

Issue of Noise: The case revolves around noise complaints made by Toronto Standard Condominium Corporation No 2448 (TSCC 2448) against a tenant in a unit owned by Doctor. TSCC 2448 alleges that the tenants noise levels exceed acceptable limits and interfere with the quiet enjoyment of other residents, violating the Act and the condominium's governing documents.

Compliance and Compensation: TSCC 2448 requested the Condominium Authority Tribunal to order Ihejirika to comply with the Act and condominium rules regarding noise, and to order the unit owner to take reasonable steps to ensure her compliance. The Tribunal ruled in favor of TSCC 2448, ordering tenant to comply, the unit owner to take necessary steps, and jointly and severally pay TSCC 2448 $4,500 as compensation for damages and $21,500 in costs.

Collusion and Harassment Allegations: The Respondents both argued that the complaint was driven by discriminatory motives and harassment. They accused TSCC 2448 and its witnesses of colluding to force the tenant's eviction. However, the Tribunal found these arguments unsupported and ruled in favor of TSCC 2448.

Recommendations: 

"Toronto Standard Condominium Corporation No 2448 v Ihejirika et al" involves a dispute about noise violations and compliance with the condominium's governing documents and the Condominium Act. Based on this context, here are three recommendations:

Establish clear and enforceable noise regulations: Condominium corporations should have well-defined noise regulations in their governing documents that clearly outline acceptable noise levels and times. This can help prevent disputes and ensure a peaceful living environment for all residents.

Encourage effective communication and conflict resolution: It is crucial for condominium boards and property owners to foster open lines of communication among residents and management. Encourage dialogue and mediation to address disputes regarding noise or other issues promptly and amicably before they escalate further.

Regularly review and update governing documents: Condominium corporations should periodically review and update their governing documents to ensure they are aligned with current legislation and community needs. This includes updating noise-related policies and procedures to reflect best practices and address potential gaps that may contribute to disputes.

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