20/01/2023 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Noise complaint due to alleged common element defect falls outside Tribunal’s jurisdiction.
The Applicant alleged that there was an unreasonable banging noise coming from the building’s ABS pipe. The condominium corporation stated that the plumbing met the Ontario Building Code and that there was no repair that could be done that would eliminate the noise other than changing the entire drain system, which would need to be carried out throughout the building.
The Tribunal said that this dispute fell outside the Tribunal’s jurisdiction. Tribunal said:
…what is at issue here may be a possible repair and maintenance issue in relation to the building’s plumbing system, but not an issue of an activity created or permitted to be carried on by an owner/tenant in another unit which is addressed by the provisions of the declaration or by s. 117(2) of the Act.
…
Whether nothing is required to be done because, according to PCC 947, the
condominium was built to all Code requirements, or whether, as submitted by Ms.
Brady, “it is evident that an error was made during construction”, is a dispute
beyond the jurisdiction of this Tribunal. What the evidence does highlight is that the
noise complained of may result from a construction, maintenance, or repair
problem, but this is not an issue which is captured by the wording of s. 117(2) of
the Act, though it may relate to the corporation’s obligations under s. 89 of the Act. Brady v. Peel Condominium Corporation No. 947, 2023 ONCAT 8