23/04/13 – Jurisdiction Quebec
Part 2 published on 01/05/03
Owner Complaining About Noise Failed to Prove Construction Defect.
Part 2 published on 01/05/03
Owner Complaining About Noise Failed to Prove Construction Defect.
One of the owners in the condominium complained about noise from the unit above. The owner alleged that the noise was partly due to lack of proper insulation in the floors.
The court held that the complaining owner failed to demonstrate that the flooring was defective or that it was the cause of the noise problems. The court said that the complainant had failed to provide adequate expert evidence of such. The complainant also failed to show that there was “serious and irreparable prejudice” to the complainant as required by Section 1080 of the Civil Code. The claim was dismissed.