Although the CAT’s jurisdiction has been expanded since its inception, the CAT’s decision in Brady v. PCC 947 is a reminder that disputes outside section 117(2) of the Condo Act will likely be dismissed even though owner-applicants have succeeded in other forums.
A unit owner brought a CAT application against the condo corporation for banging noise from plumbing in the building. The owner claimed that the noise was negatively affecting the peaceful enjoyment of her unit. The condo investigated and made repairs, but the owner reported that the noise continued. The owner alleged that there was a construction deficiency with the plumbing. The owner pointed to provisions in the condo’s by-laws relating to the condo’s duty to maintain common elements and the declaration, which prohibited noise and nuisance in any unit to another.
The CAT determined that the issues raised in the application were beyond the jurisdiction of the Tribunal under section 117(2) of the Condo Act, which prohibits unreasonable noise from one unit to another. The evidence in this application highlighted that the noise complained of may have resulted from a construction, maintenance, or repair problem under sections 89 and 90 of the Condo Act.
The CAT was sympathetic to the owner’s circumstances but could not grant any relief as the complaint was outside of its jurisdiction. The application was dismissed.