01/12/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Tribunal orders condominium corporation to address noise from garage doors
The Applicant’s unit was located immediately above the garage doors leading to the underground garage of the building. The Applicant complained that the noise and vibration from the operation of the garage doors infiltrated her unit virtually every few minutes of every day, lasting about 15 seconds per occasion.
To begin, the Tribunal determined that it had jurisdiction to deal with this matter under clause 1 (1) (d) (iii.2) of Regulation 179/17 because there was an apparent violation of a provision in the condominium corporation’s Declaration. The Tribunal said:
…the particular wording of section 3.1 in the Respondent’s declaration has sufficient breadth to impose upon the Respondent (condominium corporation), in so far as it acts on behalf of all unit owners in accordance with the Act, a duty not to allow a condition that unreasonably interferes with the use and enjoyment of the common elements or their units by any of the owners.
I also find that clause 1 (1) (d) (iii.2) of Ontario Regulation 179/17 is more broad than subsection 117 (2) of the Act, in so far as, unlike that provision, it does not require that the nuisance, annoyance, or disruption in question must be caused by an activity; a provision in a condominium’s declaration, by-laws, or rules that prohibits, restricts or otherwise governs a condition giving rise to a nuisance, annoyance, or disruption, may also fall within its scope.
The Tribunal held that the noise and vibration in question were unreasonable and constituted at least an annoyance, if not a nuisance, impacting the Applicant’s well-being and enjoyment of her property. As a result, the Tribunal ordered the condominium corporation to replace the garage door system with a quieter system.
Kimel v. Toronto Standard Condominium Corporation No. 2026, 2023 ONCAT 186