When Remediation is Required

The case of Trevor Dunn v Condominium Corporation No 042 0105 and Celtic Management Services Inc. serves as a reminder to Condominium Corporation Boards and Property Managers about the importance of promptly and reasonably conducting necessary remediation. In the case, the Condominium Board was required to replace the roof of a building due to water ingress, but significant delays and disruptions occurred during the construction. The owner of the penthouse unit, Mr. Dunn, rented the unit to a tenant who experienced various issues, including noise, limited access to the balcony, and heating problems. As a result, Mr. Dunn filed a claim for lost rent due to the nuisance caused by the construction. The court ruled in favor of Mr. Dunn, holding the Condominium Corporation liable for nuisance and awarding him compensation for the inconvenience caused by the unreasonably conducted repairs. The court emphasized the obligation of the Condominium Corporation to initiate repairs promptly, ensure they are conducted reasonably, and prioritize the convenience and comfort of affected owners during the remediation process.