31/01/2025 – Jurisdiction Ontario
Part 89 published on 01/03/2025
Condominium corporation ordered to resolve unreasonable noise and vibration from pumps
The Applicant complained about noise and vibration coming from the building’s water pumps. The Court described the sound as follows:
The condition in question is a low frequency tonal component to mechanical noise coming from the building’s hot water pumps. Based on a jointly commissioned acoustic study, the overall background noise, including the annoying tone, falls below industry guidelines. However, the frequency at 160 Hz is appreciably louder than the background noise and “can contribute to perceived annoyance.” In other words, it stands out. Mr. Frankel is hard of hearing. It is not the loudness but the pitch of the sound that keeps him up at night. According to the acoustic engineer, “Attenuating the tonal component of the noise would be prudent as a best practice.” This is a technical way of saying the sound must be reduced to blend into the background noise.
The Court determined that the condominium corporation had failed to take reasonable steps to address the sound, and that this failure amounted to oppression. The condominium corporation had also breached a previous settlement agreement by installing inferior sumps. The Court said:
By breaching the settlement agreement by saving the cost of replacing the pumps with a cheaper model, the condo corporation unfairly disregarded the interests of Mr. Frankel. Indeed, by suing him for his contribution to pumps the condo had unilaterally switched, that conduct was further oppressive because the condo was clearly in the wrong. The further effect of the contractual breach is that Mr. Frankel is under no obligation to release the condominium corporation from the “Noise” under the second term of the agreement.
…
I therefore order, under ss. 117, 119, and 135, that the respondent condominium corporation shall immediately take measures to attenuate the 160 Hz tonal component of the mechanical background noise as described in the the joint Aercoustics Report dated March 31, 2023, at page 9. On completion of the work, the condominium corporation shall have Mr. Frankel’s unit inspected by Aercoustics, at the respondent’s sole cost, to certify that the 160 Hz tonal component has been reduced to the same level as the remaining background noise. The condominium corporation shall have three calendar months from the release date of this judgment to complete the work and another month to obtain the Aercoustics certificate.
Under s. 135(3)(b), I also order the condominium corporation to compensate Mr. Frankel for the oppression by payment of $32,500.
Frankel v. York Region Condominium Corporation No. 664, 2025 ONSC 719 (CanLII)