03/11/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Tribunal orders condominium corporation to take various steps to prevent unreasonable noise disturbance from condominium’s gym
The Applicant owner complained about noise, in particular the dropping of free weights onto the floor, coming from the condominium’s gym (which was located on the same floor as the Applicant’s unit).
The Tribunal held that it had jurisdiction to deal with the Application, because the alleged noise was the result of activities in the gym. This was true even though part of the problem appeared to be that the gym floor needed to be improved (in terms of noise transmission). The Tribunal said:
I am not satisfied by WSCC 670’s argument that because a ‘repair’ of the floor in the gym may reduce the transmission of noise, that this is a case about maintenance and repair. Just because a repair may be a remedy requested or required, does not automatically remove a case from the jurisdiction of the Tribunal.
The Tribunal then determined that the noise and vibration from the gym constituted a nuisance within the meaning of Section 117 (2) of the Condominium Act, and ordered the condominium corporation to take certain steps to resolve the nuisance, including completion of improvements to the flooring followed by sound transmission testing (similar to testing previously carried out by the corporation).
Reany v. Waterloo Standard Condominium Corporation No. 670, 2023 ONCAT 163