Part 17 published on 01/02/07
Owner in breach of noise by-laws. But fines reduced.
The Court found that the respondent owner had contravened the strata corporation’s noise by-law by deliberately and repeatedly making loud noises highly disruptive to another owner. The Court did not find the respondent’s explanations to be believable.
The fines claimed by the condominium corporation were reduced because the Court found that many of the respondent’s contraventions of the noise by-law were separate or distinct contraventions – as opposed to “continuing” contraventions within the meaning of Section 134(3) of the Strata Properties Act. The Court accordingly found that many of the fines had not been properly imposed because the respondent had not received particulars of the complaint in writing and a reasonable opportunity to answer the complaint before the fine was imposed.