20/12/2022 – Jurisdiction Ontario
Part 81 published on 01/03/2023
CAT orders owner to stop making unreasonable noise. CAT also orders condominium corporation to investigate Respondent’s complaints about noise coming to his unit.
The Tribunal ordered the owner “to respect the comfort and quiet enjoyment of people living in other units and ensure that he is not responsible for unreasonable noise or noise that is an annoyance, a nuisance, or disruptive to others.”
At the same time, the Tribunal ordered the condominium corporation “to investigate Mr. Hackman’s complaints about noise that he experiences in his unit” and to “give reasonable notice to Mr. Hackman of any investigation” and “provide him with the results of the
Investigation”.
The Tribunal said:
I conclude that it is more probable than not that sound coming from Mr. Hackman’s
unit disturbs the comfort and quiet enjoyment of others, particularly when the
sound is produced at night. I find that Mr. Hackman has not complied with the
settlement agreement, the declaration, and rules and that the board acted
reasonably in coming to the same conclusion.
…
I conclude that TSCC 1978 has an obligation to investigate Mr. Hackman’s
complaints of noise to determine if the noises are unreasonable, or an annoyance,
nuisance or disruption and, if so, what, if any, abatement measures may be
appropriate. After that, the issue of who may be responsible for any abatement
measures that may be necessary can be considered.
Toronto Standard Condominium Corporation No. 1978 v. Hackman, 2022 ONCAT 143