The defendant was charged with a strict liability regulatory offence under the City of Toronto's noise by-law for excessive noise emanating from her unit.
The complainant, a neighbour, provided extensive logs, police reports, and emails detailing consistent loud music, banging, screaming, and running at late hours, disturbing her and her daughter's peace and sleep.
The defendant denied the noise, claiming it was impossible due to her work schedule, and argued she could not be responsible for the actions of adult nieces staying with her.
The court found the complainant's evidence credible and corroborated, establishing that excessive noise originated from the defendant's unit.
The court also found the defendant failed to exercise due diligence in preventing the noise, despite being aware of the complaints and a co-op board order to remove her guests.
The defence's application for abuse of process, arguing forum shopping due to a parallel small claims court action, was dismissed as the regulatory charge was distinct from the civil claim.
The defendant was found guilty.
