21/02/2017 – Jurisdiction Ontario
Part 58 published on 01/06/2018
Owner permitted to continue Human Rights Claims based on alleged failure of strata corporation to stop excessive noise from claimant’s neighbour
The resident of unit 502 alleged that she was suffering harm due to excessive noise from the residents of unit 602. She said that the noise was particularly harmful to her due to a disability (PTSD); and she said that the strata corporation had failed to accommodate her disability by taking reasonable steps to try to stop the noise.
The strata corporation applied to dismiss the claim based on the following arguments:
- The complaint has no reasonable prospect of success because the respondent has no legal authority under the Code or any other enactment to provide the complainant with the remedy she seeks.
- The Strata Corporation has no power to compel the owner of the unit above the complainant to change the flooring. The position of the Strata Corporation is limited to imposing fines when there is a finding of unreasonable noise from a unit. The Strata Corporation has done this on multiple occasions.
- The Complainant alleges she suffers from PTSD after an event on December 3, 2015. There is no direct evidence of her suffering PTSD.
The Tribunal dismissed the strata corporation’s application. The Tribunal said:
To the extent that it relies on its asserted lack of authority, the Strata has not persuaded me that it could not have reasonably done more to accommodate Ms. Pope.
