The applicant, a condominium owner, filed an application against the condominium corporation alleging it failed to enforce its rules regarding unreasonable noise from the unit above.
The applicant claimed that construction and flooring impact noise constituted a substantial nuisance and sought orders for acoustic testing and rule enforcement.
The Condominium Authority Tribunal found insufficient evidence that the noise from the unit above was unreasonable or violated the Condominium Act.
The Tribunal also found that the condominium corporation had taken reasonable steps to investigate the complaints, including conducting patrols and in-suite inspections.
The application was dismissed without costs.