Lidia Serebriakova

The applicant condominium owner sought orders against the respondent condominium corporation regarding an intruder who frequently entered the building, causing noise, smoke, and odour disturbances.

The applicant also alleged the corporation failed to maintain a make-up air unit, exacerbating the smoke infiltration.

The Condominium Authority Tribunal found that while the intruder's conduct did not amount to a legal nuisance, it constituted a prohibited annoyance under subsection 117(2) of the Condominium Act.

The Tribunal held that the corporation's efforts to address the intruder were reasonable but ultimately ineffective, and ordered the corporation to increase its security and enforcement measures, including providing monthly progress reports to the applicant.

The claim regarding the make-up air unit was dismissed for lack of evidence.

The applicant brought a case before the Condominium Authority Tribunal regarding noise and nuisance.

Following an unsuccessful mediation, the Tribunal issued a Notice of Intent to Dismiss due to concerns that the requested relief, including an order to change condominium by-laws, was outside its jurisdiction.

After receiving submissions from the applicant clarifying the issues and relief sought, the Tribunal was satisfied that the case fell within its jurisdiction.

The Tribunal ordered that the case proceed to a Stage 3 hearing.