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Toronto Standard Condominium Corporation No. 2804 v. Micoli et al. - 2023 ONCAT 21 - 2023-02-10

Corporation:

TSCC 2804

Date:

2023-02-10

Under:

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

Summary:

The case of Toronto Standard Condominium Corporation No. 2804 v. Micoli et al. involves the respondents who are the owner and tenant, respectively, of a unit in the applicant condominium corporation. The applicant presented evidence of numerous complaints and incident reports concerning disruptions caused by the respondent and another resident including noise disturbances and violations of various condominium rules. The applicant cited sections 16(a) and 16(b) of the declaration, as well as Rule 6, to support their claim. The tribunal found to be a highly disruptive presence in the condominium and ordered him to cease all disruptive behavior. Additionally was ordered to ensure compliance with the condominium's rules. The applicant was awarded costs and compensation. The decision was made on February 10, 2023, by Michael Clifton, Vice-Chair of the Condominium Authority Tribunal.

Verdict:

Based on the information you provided, the quick verdict in the case of Toronto Standard Condominium Corporation No. 2804 v. Micoli et al. is that the tenant of the unit has been found to engage in disruptive and nuisance-causing conduct that interferes with the comfort and quiet enjoyment of other residents. As a result, the respondent is ordered to cease such conduct, and the owner is obligated to ensure compliance with the condominium's rules.

Takeaways:

Nuisance-causing conduct: The case centers around the disruptive and nuisance-causing behavior of a tenant in a unit. The evidence presented by the Applicant, Toronto Standard Condominium Corporation No. 2804, establishes that the respondent's conduct unreasonably interferes with the comfort and quiet enjoyment of other residents and staff in the condominium.

Violation of governing documents: The Applicant cited sections 16(a) and 16(b) of the declaration, as well as Rule 6 of the rules, to support their claim. These provisions outline the expectations for occupants and owners in terms of their conduct, including not creating noise or nuisance that disturbs others' enjoyment and complying with the condominium's rules.

Compliance and indemnification responsibilities: The tribunal found that the respondent must immediately cease his disruptive conduct within the unit and on the condominium property. The unit owner has a statutory obligation to ensure that the respondent and any other resident of the unit also comply with the condominium's rules and the orders issued. In addition, the tribunal ordered the owner to indemnify the condominium corporation for any loss, costs, damage, or liability resulting from the breach of rules by him or his family, guests, tenants, invitees, licensees, customers, or occupants of his unit.

Recommendations: 

Enforce compliance with governing documents: Based on the evidence provided, it seems that the respondent has violated certain sections of the condominium's governing documents. It is recommended to enforce these provisions and ensure that all residents, tenants, invitees, and licensees comply with the Act, Declaration, by-laws, rules, and any registered rights and easements.

Take steps to address disruptive behavior: The evidence suggests that the respomdent and his co-resident have been a highly disruptive presence in the condominium, causing nuisances that unreasonably interfere with the comfort and quiet enjoyment of other residents and staff. It is important to address this behavior promptly and take appropriate measures to mitigate the disruptions, such as issuing warnings, imposing fines, or even considering eviction if necessary.

Ensure indemnification by the owner: The applicant, Toronto Standard Condominium Corporation No 2804, cites the duty of the respondent to indemnify the corporation under sections 9 and 29 of the declaration. It is recommended to ensure that Mr. Micoli fulfills his obligation to indemnify the corporation for any losses, costs, damages, injuries, or liabilities resulting from the acts or omissions of himself, residents, tenants, invitees, or licensees of his unit. This may involve seeking compensation through legal means if necessary.

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