19/09/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Tenant causing unreasonable noise. Landlord failed to take reasonable enforcement steps. Landlord and tenant jointly liable for costs.
The Tribunal held that the owner’s tenant was causing unreasonable noise.
The Tribunal ordered the tenant to immediately bring himself into compliance with the Condominium Act and TSCC 2082’s governing documents (including ceasing from “having loud parties, playing loud music, and/or engaging in loud discussions or arguments”). The Tribunal also ordered the tenant to ensure that all of his guests complied.
The Tribunal also ordered the landlord to take all reasonable steps to ensure that the tenant complied.
The Tribunal also held that the landlord and tenant were jointly responsible for all of the condominium corporation’s reasonable costs. The Tribunal said:
There is no evidence that Mr. Momoh (the landlord) has taken any steps to bring Mr. Jackson (the tenant) into compliance with the Act and governing documents. Consequently, I find that Mr. Momoh and Mr. Jackson are jointly and severally responsible for the noncompliance. Costs of attempting to enforce compliance and the costs of this application will be awarded jointly and severally against Mr. Momoh and Mr. Jackson.
…
The Respondents in this case were likewise repeatedly warned of the consequences of their non-compliance. Furthermore, TSCC 2082’s declaration also includes a provision requiring owners to indemnify the corporation for losses and damages caused by their actions. As in Rockson, I find that it would be unfair for the innocent unit owners in TSCC 2082 to have to bear the costs of this application.Toronto Standard Condominium Corporation No. 2082 et al. v. Momoh et al, 2023 ONCAT 133