24/11/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Tribunal orders tenant to stop making unreasonable noise
The Tribunal found that the tenant was causing unreasonable noise in contravention of Section 117 (2) of the Condominium Act and the condominium corporation’s Declaration and Rules. The Tribunal ordered the tenant to “cease screaming, shouting, loud chanting, playing loud music, and making repetitive banging and/or thudding noises”.
The Tribunal also found that the landlord had failed to take reasonable steps to require the tenant to comply with the Condominium Act and the condominium corporation’s governing documents.
The Tribunal ordered the tenant and landlord, jointly, to pay certain pre-CAT costs incurred by the condominium corporation as well as 60% of the corporation’s in-CAT costs.
The Tribunal also found no violation of the tenant’s rights under the Ontario Human Rights Code. The Tribunal said:
In summary, the evidence does not support that Ms. Ihejirika has been subjected to either aggressive or differential enforcement based on a Code-protected ground; rather it indicates that the corporation responded to resident complaints, including her own, by investigating themToronto Standard Condominium Corporation No. 2448 v. Ihejirika et al., 2023 ONCAT 178 in accordance with its set procedures.