Martin Villeneuve

The applicant, a penthouse unit owner, applied to the Condominium Authority Tribunal alleging that unreasonable noise from the mechanical room above his unit caused a nuisance.

The respondent condominium corporation had spent approximately $40,000 on engineering investigations and repairs to address the noise.

The Tribunal dismissed the application, finding it lacked jurisdiction.

The Tribunal held that the functioning of the mechanical room is not an 'activity' within the meaning of section 117(2) of the Condominium Act, 1998, and that the complaint fundamentally related to the corporation's duty to maintain and repair the common elements, which falls outside the Tribunal's jurisdiction.

The applicant unit owner sought an oppression remedy against the respondent condominium corporation, alleging it failed to repair and maintain common elements (exhaust fans) that were causing noise and vibration in her unit.

The court found that the corporation had regularly inspected and maintained the fans, and that the noise was not caused by a failure to repair.

The court also held that the corporation responded reasonably to the applicant's complaints over several years by hiring experts and replacing equipment, and therefore its conduct was not oppressive or unfairly prejudicial.