14/09/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Noise from children causing unreasonable disturbance. No discrimination based upon family status.
The Tribunal found that noise from the Respondent’s children was causing an unreasonable disturbance. The Tribunal also held that there was no discrimination against the Respondent based upon family status. The Tribunal said:
I conclude that Mr. Singh has not established that he is being discriminated against based on his family status. The governing documents of PCC 312 are not on their face discriminatory nor are they being applied in an arbitrary or discriminatory way. I am not persuaded, on the evidence before me, that Mr. Singh is being harassed by the enforcement measures taken by PCC 312.
…
Under subsection 17(3) of the Act, PCC 312 has a duty to take all reasonable steps to ensure that the owners of units “comply with this Act, the declaration, the by-laws and the rules”. As discussed above, Ms. Gdula followed a reasonable process, including a site visit, for informing herself of the issue and for warning Mr. Singh of infractions of PCC 312’s governing documents. She also acted reasonably in escalating the matter to PCC 312’s outside counsel. I find that PCC 312 fulfilled its obligations under subsection 17(3).
The Tribunal ordered the Respondent to take reasonable steps to manage the noise from the children, particularly between the hours of 10 p.m. and 8 a.m. The Tribunal specifically ordered as follows:
Mr. Singh will, within 60 days of the date of this Order, bring himself and his family members into compliance with subsection 117(2) of the Act and with PCC 312’s governing documents which relate to noise and nuisance. Mr. Singh will do this by:
- Installing appropriately sized carpets or rugs in the living areas of his unit, including any hallways;
- Installing sound reducing underlay with a minimum rating of 20 decibels; and
- Restricting his children’s play activities from 10:00 pm to 8:00 am each day.
Peel Condominium Corporation No. 312 v. Singh, 2023 ONCAT 131