04/07/2025– Jurisdiction Alberta
Part 91 published on 01/09/2025
Appeal allowed. Condominium corporation had not acted reasonably in relation to complaints about noise transmission through wall.
The Applicant claimed that the condominium corporation had acted improperly in response to her complaints about noise transmission through a wall between her unit and a neighboring common element lounge.
The Court of King’s Bench held that the condominium corporation had acted properly. [See Condo Cases Across Canada, Part 86, June 2024.]
The owner appealed. The Court of Appeal overturned the decision of the Court of King’s Bench.
The Court of Appeal held that (based upon the governing documents of the particular condominium) drywall on the unit side of the shared wall was common property and that the condominium corporation failed to properly address serious noise transfer issues between the social lounge and the owner’s unit.
The court found the corporation engaged in improper conduct by refusing to investigate further after expert evidence confirmed deficiencies in the wall.
The Court of Appeal said:
In this case, the entirety of the wall separating the appellant’s unit from the lounge, save for any decoration on the surface in the appellant’s unit, is common property and the respondent is responsible for it.
Aubin v Condominium Plan No 862 2917, 2025 ABCA 248- drywall Issue