Condominium Authority Tribunal
Date: May 11, 2026
Case: 2025-00930N
Citation: York Region Condominium Corporation No. 869 v. Zahraei, Farmand, Anisimof, 2026 ONCAT 88
Order under section 1.44 of the Condominium Act, 1998.
Member: Brian Cook, Member
The Applicant: York Region Condominium Corporation No. 869
Represented by Francesco Deo, Counsel
The Respondents:
Karim Zahraei
Represented by Aysan Zahraei, Agent
Roghaiyeh Salmani Farmand
Represented by Aysan Zahraei, Agent
Katherina Anisimof
Not Participating
Hearing: Written Online Hearing – March 23, 2026 to April 29, 2026
REASONS FOR DECISION
A. INTRODUCTION
1Karim Zahraei and Roghaiyeh Salmani Farmand are owners of a unit in York Region Condominium Corporation No. 869 (YRCC 869). The unit is rented to Katherina Anisimof, who lives in the unit with her children.
2YRCC 869 brings this application because of complaints of unreasonable noise caused by the occupants of the unit. YRCC 869 seeks an order directing the occupants of the unit to stop making unreasonable noise. The owners joined the case. The tenant also joined the case but has not participated.
3YRCC 869 also alleges that the occupants of the unit have caused property damage. This is not an issue that the Tribunal has the power to deal with.
B. ANALYSIS
4Section 117(2) of the Condominium Act, 1998 (the "Act") provides:
No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,
(a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation…
5The YRCC 869 Rules similarly prohibit unreasonable noise.
6YRCC 869 has filed records documenting complaints of excessive noise and property damage. The complaints mention very loud yelling in the unit and sometimes on the balcony, loud music or television sound, moving heavy items on the floor, and banging on the walls. The complaints indicate that the loud noise often occurs in the night and early hours of the morning, disturbing the sleep of other residents in the building.
7The condominium management has sent numerous letters to the tenant but continue to receive complaints about excessive noise. The owners have talked to the tenant on several occasions asking them to stop making unreasonable noise.
8The allegations are not contested. The owners say they have not themselves observed any of the behaviours of the tenant complained of but do not dispute that the tenants have caused unreasonable noise.
9The owners have engaged a lawyer who has served Landlord and Tenant Board forms on the tenant requiring them to leave. The matter has not progressed further in the LTB process, but the tenant has indicated she will move out no later than June 1.
10The owners and YRCC 869 participated in mediation at the Tribunal. The tenant did not participate. According to the March 9, 2026, report of the Tribunal’s Stage 2 mediator, settlement was not reached because there was no agreement about whether the owners should be responsible for costs incurred by YRCC 869 in seeking compliance with the Act and its Rules.
11The case proceeded to Stage 3 – Tribunal Decision and I convened a video conference call with the participating parties on April 28, 2026.
12During the call, the owners explained that they feel that they have done everything they can do. They are very frustrated by the experience and have lost a lot of money. Counsel for YRCC 869 explained that a lien had been placed on the owners’ unit to recover over $12,000 in legal costs and property damage. The money was recovered through the lien, which has now been discharged. Counsel explained that they felt this action was justified because of the language of the declaration.
13During the call, the participating parties indicated that they would be content with an order directing the tenant to stop making unreasonable noise. They also agreed that the order should direct the owners to continue their efforts to seek the tenants’ compliance with the YRCC 869 Rules and section 117(2) of the Act.
14YRCC 869 proposed that the order should also direct the tenants to not cause any damage to the property, however, as noted earlier, this is not an issue that the Tribunal has the authority to deal with.
C. CONCLUSION
15On the basis of the available evidence, I find that Katherina Anisimof has caused or allowed others to cause unreasonable noise. I accept that this results in a nuisance, annoyance or disruption to other residents. Katherina Anisimof is ordered to stop causing or allowing others to cause unreasonable noise.
16The owners shall continue efforts to ensure that the tenants do not cause or allow others to cause unreasonable noise. The owners or their counsel will inform counsel for YRCC 869 of any developments with regard to the application before the Landlord and Tenant Board.
17The participating parties agreed that no order for costs or compensation is required.
D. ORDER
18The Tribunal orders that:
- Katherina Anisimof shall stop causing or allowing others to cause unreasonable noise.
- Karim Zahraei and Roghaiyeh Salmani Farmand shall continue efforts to ensure that Katherina Anisimof stops causing or allowing others to cause unreasonable noise. They shall keep counsel for YRCC 869 advised of any developments about the application before the Landlord and Tenant Board.
Brian Cook
Member, Condominium Authority Tribunal
Released on: May 11, 2026