28/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
The CAT orders condominium corporation to investigate cause of unreasonable noise transmission.
The Applicant complained about unreasonable noise and vibration coming from the unit above, particularly after the owner of the upper unit had replaced her carpet with vinyl flooring. The Tribunal held that the “noise and vibration she experiences in her unit rise to the level of a nuisance”.
The Tribunal ordered the condominium corporation to arrange for expert investigation of the noise and vibration, and then to develop “a remediation plan to reduce the noise and vibration being transmitted into Ms. Bridglall’s unit to what the acoustical engineers determine will be a reasonable level”. The condominium corporation would then be required to determine responsibility for the required remediation, based upon a review of the corporation’s governing documents.