06/24/2024 – Jurisdiction Ontario
Part 87 published on 01/09/2024
Respondents in violation of rules prohibiting smoking and unreasonable noise
The occupants of a unit were smoking in the unit and also causing unreasonable noise. The owner of the unit did not take any steps with the occupants to enforce the condominium corporation’s rules. The unit owner and occupants were ordered to comply and to pay costs.
The Tribunal said:
Having considered the uncontested evidence of the Applicant, I find the unit owner’s lack of response to the corporation’s concerns has permitted the occupants to carry on activities contrary to Section 117 (2) of the Act which prohibits a person from carrying on an activity in a unit or on the common elements that results in the creation of a nuisance, annoyance or disruption. In making this finding, I considered that aside from one telephone call with the Applicant, the unit owner has not taken any measures to address the reported concerns which has resulted in ongoing complaints of smoking inside the unit, and on one occasion in the common elements’ sauna.
…
Weighing the facts in this case, I find it reasonable to award $2,500 to the Applicant for their legal costs. The Respondents shall be equally responsible to reimburse the Applicant for the legal costs.
York Region Standard Condominium Corporation No. 1323 & Ciyayi, et al., 2024 ONCAT 89