14/06/2022 – Jurisdiction Ontario
Part 78 published on 01/06/2022
Condominium Corporation’s spotlight is an unreasonable nuisance
The Tribunal found that a spotlight installed on the common elements by the condominium corporation was causing unreasonable nuisance as a source of light in the owner’s bedroom.
The Tribunal also held that the condominium corporation had failed to undertake proper testing to prove its allegation that the particular spotlight could not possibly be the source of the alleged nuisance. The Tribunal said:
It was unreasonable of HSCC476 to insist on having a board member present in the bedroom with the neutral party during the test. It was HSCC476’s insistence on being present during the test that was the proximate cause for the test not being conducted. I conclude that HSCC476 had the opportunity to refute Ms. Nikolov’s claim that the spotlight it had installed was the source of light into her bedroom and did not. I find that Ms. Nikolov’s case stands and that she has established that it is more probable than not that the security light is the source of the light coming into her bedroom.
The Tribunal ordered the condominium corporation to replace the particular spotlight “with a light with baffles in a style that is the same or similar” to certain other lights identified on the property; with the light “directed down towards the pedestrian entry door”.