06/12/2022 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Condominium corporation failed to take reasonable steps to ensure noise nuisance was resolved. However, noise nuisance nevertheless resolved by owners.
An owner complained that noise constituting an unreasonable nuisance was coming from heat pumps serving the units above and below the owner’s unit. The owner of each unit was responsible for maintaining the heat pump. However, the complaining owner asserted that the condominium corporation had failed to take reasonable steps to ensure that the owners fulfilled these obligations (and addressed the unreasonable noise).
The Tribunal held that the complaining owner did experience a noise nuisance that was contrary to
s.117(2) of the Condominium Act. The Tribunal also found that the condominium corporation had failed to discharge its obligation under Section 17(3) of the Condominium Act to ensure that owners took necessary steps (under the Act, and under TSCC 2017’s Rules) to address the unreasonable noise. However, the Tribunal found that the other owners (responsible for the noisy heat pumps) had nevertheless taken the necessary steps on their own, and that there was no continuing nuisance.
The Tribunal ordered the condominium corporation to pay the following amounts to the complainant:
- $1400 for retaining and conducting acoustical tests.
- Tribunal fees of $200, and
- legal costs of $500.
Jones v. Toronto Standard Condominium Corporation No. 2017, 2022 ONCAT 139