A condominium developer brought an application under section 134(1) of the Condominium Act, 1998, seeking a declaration that unit owners had breached sections 117(2) and 119(4) of the Act by causing excessive noise that interfered with other owners' enjoyment of their property.
The applicant sought a cease and desist order and costs.
The respondents owned a residential unit where occupants were playing loud music at all hours.
Despite numerous verbal warnings, written notices, and Rules Infraction Notices issued over several months, the noise continued unabated.
The court found the respondents in breach and granted the requested orders, awarding costs of $7,500 on a scale between partial and full indemnity.
