10/05/2022 – Jurisdiction Ontario
Part 78 published on 01/06/2022
Tribunal orders owner to comply with noise Rules
The condominium corporation sought various orders because of the owner’s excessive noise (mainly loud music after 11 p.m.).
The Tribunal found that, despite numerous requests to stop, the owner repeatedly contravened Section 117(2) of the Condominium Act, 1998 and the condominium corporation’s rules against unreasonable noise. The Tribunal ordered the owner to immediately comply.
The Tribunal declined to order the owner to install soundproofing in his unit or in neighboring units, because there wasn’t adequate evidence, at the time, as to what soundproofing might be necessary. However, the Tribunal warned that this sort of order might be possible if the owner’s violations continued. The Tribunal said:
Should YCC 229 be required to pursue further litigation to resolve the issue of noise emanating from his unit, he risks incurring not only the potentially significant cost and disruption of soundproofing should such an order be issued, but also being held liable for potentially substantial legal costs.
The Tribunal ordered the owner to pay pre-CAT costs (for the cost of a lawyer’s letter sent to the owner) as “compensation” pursuant to Section 1.44 of the Condominium Act.
In addition, the Tribunal ordered the owner, pursuant to the Tribunal’s Rules, to pay the corporation’s full legal costs incurred for the Tribunal process (in addition to the Tribunal fees typically payable by the unsuccessful party).
The Tribunal said:
It would be neither reasonable nor fair if the owners whose quiet enjoyment of their premises was disrupted by what I can only describe as Mr. Rockson’s wilful refusal to comply with YCC 229’s noise rules were to be liable for the corporation’s cost of obtaining Mr. Rockson’s compliance.
…
In the circumstances of this case, I do not need to rely on the indemnification provision of the corporation’s rules.
The Tribunal also pointed out that all of the amounts owed by the owner would be added to the owner’s common expenses (and therefore collectible by lien) pursuant to Section 1.45 (2) of the Condominium Act.