The applicant condominium corporation sought a declaration and compliance order against a unit owner and her tenant for repeated breaches of noise rules.
The tenant, Ms. Kalicharan, was found to have created excessive noise disturbing a neighbour, and the owner, Ms. Lyn, was responsible for ensuring tenant compliance.
The court found the corporation's enforcement discretion was exercised reasonably and in good faith, granting the declaration and compliance order, but declined to order tenancy termination as that falls under the Landlord and Tenant Board's jurisdiction.
Costs were to be addressed separately.
