Ettinger v. Toronto Standard Condominium Corporation No. 2345 et al., 2022 ONCAT 146

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: December 21, 2022
CASE: 2022-00481N

Citation: Ettinger v. Toronto Standard Condominium Corporation No. 2345 et al., 2022 ONCAT 146

Order under section 1.44 of the Condominium Act, 1998.

Member: Ian Darling, Chair

The Applicant: Sandy Ettinger
Represented by: Jackie Bartlett, Counsel

The Respondents:
Toronto Standard Condominium Corporation No. 2345
Represented by: Bharat Kapoor, Counsel

Frederique Watulo
Self-Represented

Sachin Pise
Trupti Pise

MOTION ORDER

A. INTRODUCTION

1This case was filed as a noise complaint. When the case was filed, Sandy Ettinger (“the Applicant”) named Sachin Pise and Trupti Pise as Respondents. The Applicant was under the impression that they were non-owner occupants (tenants) in the unit when the application was filed. Toronto Standard Condominium Corporation No. 2345, and Frederique Watulo (the unit owner), were also named as Respondents. The Applicant subsequently learned that Sachin and Trupti Pise were no longer tenants and asked the CAT to remove them as a party to this case.

2The CAT asked for submissions from the parties. Sachin Pise and Trupti Pise have not joined the CAT case and did not make any submissions. The Applicant stated that the noise is ongoing. The Applicant believes that the noise is coming from the unit owned by Frederique Watulo – so they requested that the case proceed after removing the tenants. The CAT received responses from Toronto Standard Condominium Corporation No. 2345, and Frederique Watulo. They agreed that Sachin and Trupti Pise are no longer tenants and consented to their removal. Since the parties agree, I will order they be removed as intervenors in the case.

3In their response, Frederique Watulo suggested that the noise may be caused by mechanical systems in the building, and that they were not responsible for the noise. I make no finding with respect to this claim, as it is outside of the question to be determined in this motion.

ORDER

4The Tribunal Orders that Sachin Pise and Trupti Pise be removed as Respondents from this case.

Ian Darling
Chair, Condominium Authority Tribunal