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Toronto Standard Condominium Corporation No. 2694 v. Choi et al. - 2023 ONCAT 23 - 2023-02-10

Corporation:

TSCC 2694

Date:

2023-02-10

Under:

CAT Decisions - Decision
Indemnification or Compensation
Noise

Summary:

In the case of Toronto Standard Condominium Corporation No. 2694 v. Choi et al., TSCC 2694 applied for an order to compel the owners and tenant to comply with the Condominium Act, 1998, and its declaration and rules regarding noise, smoke, odour, and nuisance. The owners settled their issues with TSCC 2694 in Stage 2, while the case proceeded with one of the respondents. The tribunal foun to have created or permitted excessive noise in her unit, causing a disturbance and violating the Act, declaration, and rules. Consequently, the tribunal ordered to pay costs to TSCC 2694 in the amount of $2125 within 30 days. The decision was made on February 10, 2023, by Patricia McQuaid, Vice-Chair of the Condominium Authority Tribunal.

Verdict:

Quick Verdict/Lesson: In the case "Toronto Standard Condominium Corporation No. 2694 v. Choi et al., 2023 ONCAT 23," the Condominium Authority Tribunal ruled that a tenant had repeatedly violated noise and nuisance regulations, causing a nuisance to other residents. As a result, the respondent was ordered to comply with condominium rules and pay $2,125 in costs to the condominium corporation. This case emphasizes the importance of adhering to condominium rules and regulations, and it shows that legal costs may be awarded when violations persist, although these costs should be proportionate to the nature and complexity of the case.

Takeaways:

Takeaways from the case "Toronto Standard Condominium Corporation No. 2694 v. Choi et al., 2023 ONCAT 23":

Noise and nuisance complaints from a condominium unit can lead to legal action under the Condominium Act, 1998, if they disrupt the quiet enjoyment of other residents' properties.

Condominium corporations have the right to seek compliance with their declaration and rules and can pursue costs for legal proceedings against non-compliant residents.

In this case, the tenant had a history of noise complaints and non-compliance, but she began to voluntarily comply with the rules before the hearing. Despite this, the condominium corporation decided to proceed with the legal action, incurring substantial legal costs.

The tribunal ordered the respondent to comply with the condominium rules and pay $2,000 in costs to the condominium corporation.

Legal costs may not always be awarded in full, and their amount should be proportional to the nature and complexity of the case.

Recommendations: 

Compliance with Condominium Rules: Condominium owners and tenants should be aware of and adhere to the rules and regulations outlined in the condominium's declaration and by-laws. Non-compliance can lead to legal action.

Resolving Disputes: Condominium corporations should make efforts to resolve disputes with residents amicably, potentially through mediation or negotiation, before escalating the matter to a legal proceeding. This can help save time and resources.

Legal Costs: When seeking legal costs from a non-compliant resident, it's essential to ensure that these costs are proportional to the nature and complexity of the issues. Legal costs should be reasonable and justifiable.

Consistent Enforcement: Consistent enforcement of condominium rules is vital. In this case, the resident temporarily complied with the rules after a history of non-compliance. However, it's crucial for the condominium corporation to ensure continued compliance to prevent future issues.

Cost Recovery: Condominium corporations should explore avenues for cost recovery, such as settlements with responsible parties, to avoid placing the financial burden on other residents whenever possible.

Clear Communication: Communication is key in addressing rule violations. Ensure that residents are aware of their obligations, and document all incidents of non-compliance for a stronger case if legal action becomes necessary.

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