Michael Pascu

The applicant condominium corporation sought an order requiring the respondent unit owner to cease causing unreasonable noise.

The respondent had been banging on walls and shouting at the owner of the unit above him in retaliation for normal walking noises.

The respondent did not participate in the hearing.

The Tribunal found the respondent's behaviour constituted a substantial and unreasonable nuisance in breach of the Condominium Act and the corporation's rules.

The respondent was ordered to permanently cease the noise-making and to pay $4,200 in costs and filing fees.

The applicant condominium corporation filed an application with the Condominium Authority Tribunal.

The respondent subsequently sold her unit and moved out of the building.

The applicant requested to withdraw the application, which the Tribunal accepted, ordering the case closed.

The applicant, a unit owner, submitted a request for core and non-core records to the respondent condominium corporation.

The applicant alleged the corporation refused to provide the records without a reasonable excuse and charged an unreasonable fee for non-core records.

The Tribunal found that the corporation did not refuse the records; it provided the core records and reasonably estimated the fee for the non-core records.

When the corporation later discovered some requested records were missing, it made reasonable efforts to locate them.

The Tribunal ordered the corporation to provide the available non-core records at no cost, as agreed during the hearing, but declined to order a penalty, mandatory director training, or costs.

The applicant, a condominium unit owner, sought records related to a special assessment refund and responses to repair and investigation requests.

The Condominium Authority Tribunal found that the requested records did not exist and that the condominium corporation could not be compelled to create or produce non-existent records.

Although the applicant did not obtain new records, the Tribunal awarded him his filing fees and legal costs because the corporation's initial confusing explanations necessitated the legal expense.

The applicant condominium corporation sought an order requiring the respondent owner to permanently remove an unregistered cat from her unit, alleging the cat caused damage to the common element balconies by urinating on them.

The respondent did not participate in the hearing.

The Tribunal found the respondent in violation of the condominium's declaration and rules, which only permitted 'grandfathered' pets.

The Tribunal ordered the respondent to remove the cat, prohibited her from acquiring additional pets, and ordered her to pay the corporation's legal and Tribunal costs, as well as 50% of the costs to repair the damaged balcony.

The applicant, a condominium unit owner, requested un-redacted copies of proxy forms submitted at the respondent corporation's annual general meeting to audit the election of directors.

The respondent refused, offering only redacted copies to protect owners' personal information pursuant to the Condominium Act, 1998 and O. Reg. 48/01.

The Condominium Authority Tribunal held that the applicant was not entitled to un-redacted copies, as the legislation specifically excludes personal information on proxy forms from the records an owner may examine.

The tribunal ordered the release of the redacted records upon payment of the prescribed fee and declined to award costs.