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Toronto Standard Condominium Corporation No. 2745 v. Kaur et al. - 2023 ONCAT 148 - 2023-10-13

Corporation:

TSCC 2745

Date:

Fri Oct 13 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

Toronto Standard Condominium Corporation No 2745 (TSCC 2745) filed a complaint against a tenant in the condominium, for multiple violations including noise nuisance, smoking, and disputes. TSCC 2745 requested an order for the respondent to comply with the Condominium Act and the governing documents, as well as for the unit owner, to ensure the respondent's compliance. Evidence provided by TSCC 2745 and uncontested by the respondent confirmed the violations. The tribunal ruled in favor of TSCC 2745, declaring the respondent's activities as violations of noise nuisance provisions and the condominium's governing documents. However, the tribunal lacked jurisdiction over other complaints. Despite recent actions the unit owner to address the situation, the tribunal did not grant her request for costs.

Verdict:

The Condominium Authority Tribunal (CAT) found that the respondent and his guests were in violation of noise nuisance provisions under the Condominium Act, 1998, and the governing documents of Toronto Standard Condominium Corporation No. 2745. The tribunal ordered the respondent to immediately cease unreasonable noise and comply with specified provisions. Additionally, the owner, was directed to bring herself into compliance with her obligations under subsection 119(2) of the Act regarding the respondent and his guests, and both respondents were jointly and severally ordered to reimburse TSCC 2745 $200 for filing fees with the Tribunal.

Takeaways:

Noise Nuisance Violation: The Tribunal found that the respondent's conduct and that of his guests constituted a violation of the noise nuisance provisions of the Condominium Act, 1998, as it resulted in substantial and unreasonable interference, considering the frequency and duration of the noise complaints.

Smoking Violations: While there were only isolated complaints about smoking, the Tribunal determined that the respondent and his guests breached the condominium's rules regarding smoking and odours, as evidenced by specific incidents involving smoking in common areas and leaving cigarette butts.

Jurisdictional Limits: The Tribunal clarified its jurisdictional limits, noting that it lacks authority over matters related to injuries, threats, and violence (subsection 117(1) of the Act), which fall under the jurisdiction of the courts.

Owner's Obligation: The Tribunal found the unit owner in violation of her obligation under subsection 119(2) of the Act, stating that she failed to take all reasonable steps to ensure the resondent's compliance with the Act and the condominium's governing documents.

Remedies Ordered: The Tribunal issued specific orders directing the respondent to comply with relevant provisions, instructing the unit owner to bring herself into compliance, and requiring joint reimbursement of filing fees to the condominium by both the unit owner and the respondent.

Recommendations: 

Strict Enforcement of Compliance Measures:

The Condominium Authority Tribunal (CAT) has identified specific violations related to noise, smoking, and threats made by the respondent and his guests. The condominium corporation, TSCC 2745, should ensure strict enforcement of compliance measures outlined in the order. This may involve increased security measures, monitoring, and regular checks to ensure the respondent's adherence to the Act and governing documents.
Enhanced Communication and Coordination:

Improve communication channels between the condominium corporation and unit owners, particularly in cases of ongoing disturbances. Establish clear communication protocols to promptly address violations. Consider implementing regular updates and reports to keep all unit owners informed about the actions taken by the condominium corporation in response to violations, ensuring transparency and accountability.
Collaboration with Legal Authorities:

Collaborate closely with legal authorities, such as the Landlord and Tenant Board (LTB) and local law enforcement. Given the severity of incidents involving injuries, threats, and police intervention, coordination with external legal entities is crucial. The condominium corporation should provide necessary evidence and support to these authorities, facilitating a more comprehensive response to the issues raised in the case.

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