26/11/2019 – Jurisdiction Ontario
68 published on 01/12/2019
Appeal dismissed. Condominium corporation entitled to enter unit to investigate any noises or vibrations emanating from staircase.
The lower Court held that the condominium corporation was entitled to gain entry to the owner’s unit (on reasonable notice) in order to investigate complaints (from another resident) about noise and vibration emanating from the staircase of the unit. [See Condo Cases Across Canada, Part 65, March 2019.]
The owner appealed, and the Court of Appeal confirmed the lower Court decision. The Court of Appeal said:
The record established that there was a complaint by another owner. The respondent has a right and duty under s. 17(3) and 119(3) of the Condominium Act, 1998, S.O. 1998, c. 19 to ensure that the owner and occupier of a unit comply with the legislation. This includes that the unit is not being used in a manner that will affect the structural integrity of the appurtenant common elements. In discharging that duty, the respondent is entitled to inspect the unit to gather information about the nature and extent of a suspected problem.
Metropolitan Toronto Condominium Corp. No. 1328 v. 2145401 Inc