CONDOMINIUM AUTHORITY TRIBUNAL
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant, Nicholas Prychodko Self-Represented
The Respondent, York Condominium Corporation No. 288
DISMISSAL ORDER
1The Applicant filed an application with the Condominium Authority Tribunal (CAT). The CAT issued a Notice of Intent to Dismiss the case. The Tribunal did not receive any response from the Applicant.
2The Application is dismissed under Rule 19.1 of the CAT’s Rules of Practice. The CAT’s jurisdiction is established by the Ontario Government. Ontario Regulation 179/17 contains the specific wording of the jurisdiction. The CAT does not have the legal authority to decide issues that are outside its jurisdiction.
3This application was filed as a dispute about the condominium corporation’s governing documents and/or an unreasonable nuisance, annoyance, or disruption.
4In this application, the Applicant alleges that the elevator shaft adjacent to their unit is transmitting excessive levels of noise which is interfering with their quiet enjoyment of their unit.
5The Applicant alleges that the corporation may be in violation of the minimum sound ratings for elevator shafts in dwelling units under the Ontario Building Code.
6The Applicant requests a remedy of upgrading the mechanical components of the elevator and the insulation next to their unit. Alternatively, the Applicant requests renovation costs so that insulation may be installed in their unit to minimize the sound.
7Section 117 (2) (a) of the Condominium Act, 1998 specifies that no person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.
8The application relates to a dispute about the noise from the elevator and/or repairs and maintenance required to the elevator.
ORDER
9The Tribunal orders the application be dismissed.
Ian Darling
Chair, Condominium Authority Tribunal
Released on: July 30, 2024