09/08/2022 – Jurisdiction Ontario
Part 79 published on 01/09/2022
CAT orders owner to cease causing a nuisance (disruption of snow removal activities)
A dispute arose between an owner and the condominium corporation with respect to the location of a snow storage area. The condominium corporation’s snow removal contractor had historically been storing snow on a common element area adjacent to the owner’s unit. While the owner had not previously opposed the location of the snow storage, the owner began expressing opposition to the snow storage location in early 2021, arguing that the resulting snow melt was adversely affecting his unit.
The condominium corporation hired an engineer to investigate the owner’s concerns. The engineer did not find that the snow storage site was negatively affecting the owner’s unit. Nonetheless, the owner continued his opposition. In the subsequent winter, the owner parked his vehicle in a manner that hindered the ability of the condominium corporation’s snow removal contractor, resulting in increased costs as the snow was required to be stored offsite.
The Tribunal determined that the owner’s conduct constituted a breach of a general provision in the condominium’s declaration prohibiting nuisance.
In the absence of a specific definition of “nuisance” in the governing documents, the Tribunal considered the basic legal definition of nuisance and found that the owner’s conduct constituted a nuisance in contravention of the provision in the declaration. The Tribunal ordered that the nuisance cease.