12/10/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
No unreasonable noise from unit above
The complainant alleged that she was experiencing unreasonable noise disturbance (from the unit above) and that replacement flooring installed as part of a renovation in the above unit contravened the condominium corporation’s rule relating to unit renovations, “which required that replacement flooring meet specific impact insulation and sound transmission standards.”
The Tribunal noted that it was required to consider two separate questions:
Question No. 1: Was the complainant being exposed to unreasonable noise constituting a nuisance, annoyance or disruption? [If so, this would contravene Section 117 (2) of the Condominium Act.]
The Tribunal noted that this question falls within the Tribunal’s jurisdiction under Section 1 (1) (c.1) of Regulation 179/17.
On this question, the Tribunal held as follows:
I find that the evidence does not support a finding that the noise Ms. Friedlander is experiencing is unreasonable.
Question No. 2: Has there been a violation of the condominium corporation’s rules respecting noise?
The Tribunal noted that this question falls within the Tribunal’s jurisdiction under Section 1 (1) (d) (iii.1) of Regulation 179/17.
The Tribunal concluded that there was no violation of the condominium corporation’s “Rules Governing Flooring and Noise.” But the Tribunal also noted that it did not have jurisdiction to deal with any alleged violation of the flooring restrictions (in the Rules). It could only deal with alleged nuisances. The Tribunal said:
As its name indicates, YCC 427’s 2011 “Rules Governing Flooring and Noise” address both flooring and noise. There are provisions that set out specific requirements for the way in which replacement flooring is to be installed including the type of sound attenuation barrier that must be used and the FIIC rating which the flooring must obtain. However, the Tribunal’s jurisdiction is only with respect to disputes about noise; that jurisdiction does not extend to disputes about flooring.