Doug Levitt

The applicant, a condominium unit owner, brought an application against the condominium corporation and the unit owner above him regarding intermittent late-night noise.

The Tribunal found that the upstairs neighbour repeatedly violated the condominium's rules against disruptive noise and that the condominium corporation failed to take reasonable steps to enforce its rules.

However, due to the applicant's aggressive and threatening behaviour towards the condominium's management and board, the Tribunal declined to award damages, though it ordered the upstairs neighbour to comply with the rules and the condominium corporation to publish the decision.

The appellant tenant appealed an eviction order from the Landlord and Tenant Board, having paid no rent since April 2017.

The tenant sought an adjournment to file fresh evidence and argued the landlord was negligent regarding safety and pest control.

The Divisional Court refused the adjournment and dismissed the appeal, finding no error of law in the Board's decision and noting the tenant was fully heard at the review hearing.

Costs of $3,500 were awarded to the respondent landlord.