29/03/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
Condominium corporation acted reasonably to address owner’s concerns about roof-top noise
The lower Court held that the condominium corporation had taken reasonable steps to address the owner’s complaints about noise and vibration, and dismissed the owner’s claim. [See Condo Cases Across Canada, Part 69, March 2020.]
The owner appealed. The Court of Appeal dismissed the appeal. The Court of Appeal said:
As a result, the application judge was satisfied that the respondent had addressed the appellant’s complaint in a reasonable manner by meeting with her, communicating with her orally and in writing, visiting her unit on multiple occasions, retaining contractors and experts to investigate, and in following the recommendations of the experts. The application judge’s finding that the respondent’s conduct did not amount to oppression, unfair prejudice, or unfair disregard is entitled to deference on appeal.