The applicant, a condominium owner, filed a noise complaint against the respondent, who resides in the unit above her.
The applicant alleged that the respondent's activities, including dropping items and walking with hard-soled shoes, created unreasonable noise that interfered with her quiet enjoyment, particularly during sleeping hours.
The respondent attributed the noise to building deficiencies and her own physical unsteadiness resulting from an injury.
The Condominium Authority Tribunal found that while daytime noises were not unreasonable given the building's sound transmission issues, the noises occurring after 11 pm constituted a nuisance.
The Tribunal ordered the respondent to install carpets in her bedrooms and wear soft-soled shoes between 11 pm and 7 am, and awarded $200 in costs to the applicant.