Part 50 published on 01/05/15
Application for contempt order dismissed. Claimant had no basis for her complaint about occasional noise that resulted from ordinary residential usage
The Court had previously ordered that the condominium corporation take reasonable steps to control noise caused by occupants in the apartment above Ms. Dyke’s apartment. [See Condo Cases Across Canada Part 41, February 2013]
The previous noisy tenants (who had operated a dance studio) had moved out. A new tenant had moved in and had also caused noise that was disturbing to Ms. Dyke. Ms. Dyke therefore applied for an order for contempt against the condominium corporation. The Application was dismissed.
Although the condominium corporation might have been somewhat slow or bureaucratic in its implementation of the Court’s previous order, the Court said that “nothing that Metro Condo or any of its board members or agents has done was contemptuous of my order in the sense that term is used in law”. The Court also said:
All parties now agree that the dancing tenants moved out of the building in November 2013.
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Ms. Dyke conceded in her argument that since November 2013 there has been nothing other than ordinary residential use of the apartment above her.
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Ms. Dyke appears to object to the occasional noises that result from ordinary residential usage. Although I do not doubt that she feels some discomfort from these sounds, what she seems to be seeking is a level of quiet to which an apartment dweller is not legally entitled.