Condominium owner found in breach of noise settlement; corporation ordered to investigate sound insulation complaints.
The applicant condominium corporation applied to the Condominium Authority Tribunal alleging the respondent unit owner breached a settlement agreement by continuing to cause excessive noise, primarily from late-night social gatherings.
The respondent denied the noise was excessive, arguing the building had inadequate sound insulation and that he also experienced noise from neighbouring units.
The Tribunal found the respondent breached the settlement agreement and ordered him to respect the quiet enjoyment of others.
However, the Tribunal also ordered the applicant to investigate the respondent's complaints regarding noise transmission into his unit.
The respondent was ordered to pay half of the applicant's legal costs.
Condominium unit owner ordered to remove dog after failing to establish Human Rights Code accommodation.
The applicant condominium corporation sought an order requiring the respondent to remove a dog from their unit, enforcing a 'no pets' declaration.
The respondent argued the dog was an emotional support animal for his grieving mother and requested accommodation under the Human Rights Code.
The Tribunal found the respondent failed to provide medical evidence establishing a disability-related need for accommodation.
The Tribunal ordered the removal of the dog within six weeks and required the respondent to pay the $200 filing fee, but declined to award legal costs due to a misleading compliance letter sent by the applicant's counsel regarding access to medical information.
Condominium owner ordered to remove aggressive, over-weight-limit dog after failing to establish human rights accommodation.
The applicant condominium corporation sought an order requiring the respondent to remove her dog, which exceeded the 9 kg weight limit and exhibited aggressive behaviour.
The respondent did not participate in the hearing but had previously claimed the dog was a service animal requiring accommodation under the Human Rights Code.
The Tribunal found the respondent failed to establish a disability or disability-related need for a dog exceeding the weight limit.
The Tribunal upheld the board's determination that the dog was a nuisance and ordered its removal, along with costs to the applicant.
Consent order issued resolving condominium dispute over noise, smoking, and pet waste, with $12,500 costs.
The applicant condominium corporation and the respondent unit owners reached a settlement during the mediation stage of the Condominium Authority Tribunal process.
The parties agreed to a consent order resolving disputes over smoking, throwing objects from the terrace, pet waste, storage, and noise nuisances.
The respondents also agreed to pay $12,500 in costs to the condominium corporation.
The Tribunal issued the consent order under section 1.47 of the Condominium Act, 1998.
Condominium owner ordered to clean balcony and comply with board's demand to remove nuisance dog.
The applicant condominium corporation applied to the Condominium Authority Tribunal for an order requiring the respondent owner to remove her dog from the condominium.
The respondent allowed her dog to urinate and defecate on her balcony, causing waste to fall onto the patio below.
The respondent did not participate in the hearing.
The Tribunal found that the board reasonably deemed the dog a nuisance under the declaration and ordered the respondent to clean her balcony and comply with any subsequent board order to remove the dog.
The Tribunal also awarded the applicant its filing fees and partial costs for pre-litigation legal letters, but denied legal costs for the application.
Condominium owner ordered to remove modified gym equipment from balcony as it is not seasonal furniture.
The applicant condominium owner sought an order permitting him to keep a modified squat rack on his balcony, arguing it constituted 'seasonal furniture' under the condominium rules, and requested a refund of $2,476.96 in legal chargebacks.
The Condominium Authority Tribunal found that the structure, despite being modified to act as a table and hold plants, did not meet the ordinary definition of seasonal furniture and violated the rule against storing goods on balconies.
The Tribunal upheld the legal chargebacks as reasonable and ordered the applicant to remove the structure within 21 days.
No costs were awarded for the application.
Condominium rule prohibiting parking both a car and a motorcycle in one spot upheld as reasonable.
The applicant condominium owner challenged an amended parking rule that prohibited parking both a car and a motorcycle in a single designated parking spot.
The applicant argued the rule change process was flawed, the rule was inconsistent with the condominium's Declaration, and it was unreasonable.
The Condominium Authority Tribunal found that while there were minor deficiencies in the notice of the rule amendment, they did not invalidate the rule.
The Tribunal concluded the amended rule was clear, consistent with the Declaration, and met the high threshold for reasonableness, dismissing the application.
Condominium corporation ordered to provide requested records and pay a $500 penalty for non-compliance.
The applicant condominium owner requested various records relating to a siding project from the respondent condominium corporation.
The respondent provided some records but failed to provide tendering documents, engineering reports, and specific invoices, and subsequently ceased participating in the Tribunal process.
The Tribunal ordered the respondent to provide the requested records, finding no exemptions applied.
The Tribunal also awarded the applicant $200 in costs and imposed a $500 penalty on the respondent for refusing to provide the records without reasonable excuse.
Condominium corporation ordered to explain redactions and pay $350 penalty for delayed records production.
The applicant, a condominium unit owner, filed multiple requests for records from the respondent condominium corporation shortly after its turnover meeting.
While many records were provided or resolved during mediation, several remained in dispute at the adjudication stage.
The Tribunal found that the respondent had adequately responded to most requests but failed to provide a written statement explaining redactions to unaudited financial records as required by the regulations.
The Tribunal ordered the respondent to provide the missing explanations, attempt to locate pre-turnover board minutes, and pay a $350 penalty for delays, along with $200 in costs.
Condominium corporation ordered to disclose reserve fund plan and concluded litigation records to unit owner.
The applicant, a condominium unit owner, filed a request for records from the respondent condominium corporation.
Following a hearing, the Condominium Authority Tribunal ordered the respondent to provide the plan for the future funding of the reserve fund and to review and disclose records relating to concluded litigation, finding that the statutory exemption for litigation records ends when the litigation concludes, subject to solicitor-client privilege.
The Tribunal dismissed the applicant's request for a penalty but ordered the respondent to reimburse the applicant's $200 filing fee.
Consent order issued resolving condominium records dispute following Stage 2 Mediation.
The applicant and respondent condominium corporation resolved a records dispute during Stage 2 Mediation.
The parties agreed that the requested documents had been provided with appropriate redactions, and the respondent agreed to pay the applicant $400.
The Condominium Authority Tribunal issued a consent order incorporating these terms and concluding the application.
Human rights applications dismissed as abuse of process after applicant repeatedly failed to attend preliminary hearings.
The applicant filed human rights applications alleging reprisal and discrimination.
The Tribunal scheduled a summary hearing, which was converted to a preliminary hearing after the applicant claimed she was medically unfit to participate.
Despite multiple directions and warnings, the applicant refused to attend the scheduled telephone conference calls to discuss how her applications should be handled.
The Tribunal found that her refusal to attend constituted an abuse of process, dismissed the applications, and ordered that she must obtain Tribunal consent before filing any future applications against the respondent.
Tribunal finds good faith explanation for 17-month delay in filing human rights application.
The applicant filed a human rights application on behalf of her son 17 months after the expiry of the one-year limitation period under section 34 of the Human Rights Code.
The Tribunal held a preliminary hearing to determine if there was a good faith explanation for the delay.
The Tribunal found that the applicant's personal circumstances, including caring for her son on the autism spectrum, living in a shelter, motor vehicle accidents, and medical evidence of anxiety and depression, established a good faith explanation for the delay.
The Tribunal requested written submissions from the respondents on whether the delay resulted in substantial prejudice before making a final decision.
Interim monetary compensation of $15,000 ordered to allow applicant to seek urgent psychological counselling.
Following a finding that the respondent infringed the applicant's rights under the Human Rights Code, a hearing was convened to determine the appropriate remedy.
The applicant presented evidence of an urgent need for psychological counselling due to severe distress.
With the agreement of the parties, the Tribunal issued an interim decision ordering the respondent to pay $15,000 in monetary compensation to allow the applicant to arrange treatment independently, with full reasons to follow.
Human rights application dismissed as abandoned after applicant failed to attend summary hearing.
The applicant failed to attend a scheduled summary hearing held by telephone conference call.
The respondents attended.
As the Notice of Hearing warned that failure to attend could result in the application being dismissed as abandoned, the Tribunal dismissed the application on that basis.
Reconsideration request denied as applicant failed to establish grounds under the Tribunal's Rules of Procedure.
The applicant requested a reconsideration of a decision that dismissed his human rights application for being filed outside the one-year time limit under section 34 of the Human Rights Code.
The applicant sought to consolidate his 2016 application with a newer 2017 application to establish a timely 'series of incidents.' The Tribunal denied the request, finding that the allegations in the two applications were unrelated and that the request did not meet any of the criteria for reconsideration under Rule 26.5 of the Tribunal's Rules of Procedure.
Request to dismiss application denied; Ministry of Labour investigation did not address human rights allegations.
The applicant alleged discrimination and harassment in employment based on disability.
The respondent requested that the application be dismissed, arguing that the substance of the application had been appropriately dealt with through a Ministry of Labour investigation.
The Tribunal denied the request, finding that the Ministry investigation only concerned the employer's compliance with the Occupational Health and Safety Act regarding workplace harassment procedures and did not address the human rights allegations or the reasons for the applicant's termination.
Application withdrawn with prejudice regarding future Tribunal proceedings on the same issues.
The applicant filed a Request to Withdraw the human rights application.
The respondents consented but requested the withdrawal be marked 'with prejudice' to prevent re-litigation.
The Tribunal granted the withdrawal with prejudice regarding future applications to the Tribunal on the same issues, noting it has no jurisdiction to make orders regarding other potential proceedings.
Human rights application dismissed as abandoned due to applicant's failure to maintain current contact information.
The applicant filed a human rights application but failed to provide a complete application or updated contact information.
All mail sent by the Tribunal was returned as undeliverable.
The Tribunal found that the applicant had abandoned the application and dismissed it on that basis.
Requests to dismiss human rights application for timeliness and lack of merit denied pending evidence.
The respondent requested that the human rights application be dismissed for being out of time or for having no reasonable prospect of success.
The Tribunal denied both requests, finding that evidence was required to determine whether there was a series of incidents within the meaning of section 34(b) of the Human Rights Code, and that the merits of the application could not be assessed without evidence.
The requests for dismissal and a summary hearing were denied at this time.