14/06/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Owner’s allegations of unreasonable noise from the mechanical room related to maintenance or repair and therefore fell outside the Tribunal’s jurisdiction.
The Applicant owned a penthouse unit in the condominium. He complained about noise from the mechanical room above his unit. The Tribunal said that the complaint fell within the condominium corporation’s duties to maintain and repair the common elements and therefore was outside the Tribunal’s jurisdiction. The Tribunal said:
The evidence supports the conclusion that the issue in this case is one of
maintenance or repair. The submissions from both parties show that the
Applicant’s complaint relates to the noise coming from the equipment and the
supporting structures to the equipment in the mechanical room. The evidence from
the experts shows that the proposed solutions have been to repair the various
pumps and connections to prevent noise and vibration from being transmitted into
the Applicant’s penthouse unit. This is not for me to determine as maintenance and repair are outside my jurisdiction.
The Tribunal has previously found that building functions are not an “activity” within the meaning of s. 117(2) of the Act.
…
I have also reviewed the Respondent’s governing documents. There are no By-Laws or Rules that apply in this case. The Applicant has only cited those provisions that relate to the Respondent’s obligation to maintain and repair common elements.
Tarski v. York Region Standard Condominium Corporation No. 1179, 2023 ONCAT 80