17/12/2025– Jurisdiction Ontario
Part 93 published on 01/03/2026
Tenant’s noise was an unreasonable nuisance
The condominium corporation alleged that a tenant was causing unreasonable noise. The unit owners participated and agreed that the noise was a nuisance, while the tenant did not join the case. The Tribunal ordered the tenant to stop making noise and to “ensure that any other resident, guest or visitor in the unit does not create, or allow others to create, unreasonable noise in the unit or in the common areas of the building, including stairwells.” The Tribunal also ordered the owners to pay the corporation $2,000 in agreed-upon costs. The Tribunal said:
I find that Maram Alasaf has created, or allowed others to create, unreasonable noise that is a nuisance, annoyance or disruption to other residents. I order her to stop creating, or allowing others to create, unreasonable noise.
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MCC 91 has incurred costs in its efforts to seek compliance with its rules about noise. These include the costs of letters from a lawyer and costs associated with bringing this application. The participating parties have agreed to resolve the issue of compensation and costs claimed by MCC 91. Atta Zabian and Zakia Zabian agree that they will each pay MCC 91 $1,000, for a total of $2,000. MCC 91 agrees to accept this payment and will not seek any additional money from the owners for anything that has happened to the date of this decision relating to the events giving rise to the application. I agree that this is a reasonable resolution of this issue.
Middlesex Condominium Corporation No. 91 v. Zabian, Zabian, Alasaf, 2025 ONCAT 214