And It Begins…The First CAT Decisions On Noise

This article discusses the first three cases in which the Condominium Authority Tribunal (CAT) resolved disputes related to noise in condominiums. In the first case, the CAT refused to dismiss an application from an owner against another owner regarding noise from a piano, as it was not a minor issue. In the second case, the CAT added the owner of the unit above as an intervenor to the application brought by an owner against the condominium for failing to enforce its noise rules. In the third case, the condominium applied against an owner who was making excessive noise that was disturbing other residents, and the CAT found the owner in violation of noise rules and ordered them to comply and keep noise to a reasonable level, but did not permit the condominium to require the owner to soundproof their unit and neighbouring units. This case also suggests that the CAT will accept evidence from the condominium, such as noise reports, and will not require independent acoustical testing to confirm the noise is an unreasonable nuisance, annoyance, or disruption.