30/11/2022 – Jurisdiction Ontario
Part 80 published on 01/12/2022
Roof-top antennae not a nuisance
The owner claimed that certain roof-top telecommunications antennae were a nuisance, and applied for an order removing the antennae. The owner argued that the antennae contravened provisions in the corporation’s Declaration and Rules.
The antennae were upgrades carried out by telecommunications suppliers, under the terms of leases granted by the condominium corporation.
The Tribunal held that the antennae did not constitute a nuisance and dismissed the application.
The Tribunal also held that the corporation’s Rule prohibiting television dishes, antennae, aerials, towers or similar structures did not apply to the corporation (and applied only to owners and occupants).
Joury v. Metropolitan Toronto Condominium Corporation No. 1163