CONDOMINIUMS - Condominium corporation - Rights and obligations - Building management - Repair obligations

Law360 Canada ( October 7, 2022, 7:00 AM EDT) -- Application by Fung-Ling Wong (Wong) seeking various orders in the nature of declaratory relief and damages arising from the noise and vibration problem in her condominium unit. Wong owned a unit at Toronto Standard Condominium Corporation No. 1918 (Corporation). Her unit was the only unit on the ground floor, and it was located adjacent to the garbage room, and was the termination point of the garbage chute used by all the condominium residents. Wong heard loud and intermittent crashing and tremors in her unit caused by large heavy objects being thrown down the garbage chute and loud motor wheezing and metal thumping when the compactor was operated. Wong made a series of complaints to the Corporation. Certain repairs were undertaken to the compactor. However, Wong complained that the noise and vibration issues were still not resolved to her satisfaction. Wong agreed the efforts by the Corporation to enforce the garbage chute hours as a compromise solution was satisfactory. Wong began working from home and the noise and vibration issues she experienced during daytime became more disruptive to her use and enjoyment of the unit. Wong stated she had to live with unacceptable noise and vibration levels in her unit and by taking up time to respond, inadequately and in piecemeal manner, the Corporation had unfairly disregarded her interests. The Corporation submitted it did what it was obliged to do, but Wong's demands were unreasonable....
LexisNexis® Research Solutions

Related Sections