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Category:
General Building Operations
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CAT Clarifies Jurisdiction Over Noise Disputes
Author:
An Nguyen
Publication date:
January 31, 2023
Article Summary:
In the case of Brady v. PCC 947, the CAT clarified its jurisdiction over noise disputes in condominiums. Despite the owner-applicant's complaint about banging noise from plumbing negatively affecting their unit's peaceful enjoyment, the CAT dismissed the application as it fell outside the scope of section 117(2) of the Condo Act, which covers unreasonable noise between units. The issues raised were deemed to involve construction, maintenance, or repair problems, falling under sections 89 and 90 of the Condo Act. Despite sympathy for the owner's situation, the CAT could not provide relief within its jurisdiction.
Keywords:
CAT, jurisdiction, noise disputes, condominium, Brady v. PCC 947, Condo Act, unit owner, by-laws, common elements, construction deficiency, maintenance, repair, application dismissed
Source Citation:
An Nguyen
CAT Clarifies Jurisdiction Over Noise Disputes
January 31, 2023
https://www.ontariocondolaw.com/2023/01/articles/cat/cat-clarifies-jurisdiction-over-noise-disputes/
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