The applicant condominium owner filed an application against the condominium corporation and the owner of the unit above him, alleging unreasonable noise and vibration.
The respondents brought a preliminary motion to dismiss the application, arguing it was filed outside the two-year limitation period and that the upper unit owner was not properly served with the Notice of Case.
The Tribunal found the application was timely because the noise complaints constituted an ongoing issue.
Although the applicant failed to properly deliver the Notice of Case to the upper unit owner, the Tribunal allowed the application to proceed, finding that any prejudice from the late notice was addressed through the mediation-adjudication process.