21/11/2025– Jurisdiction Ontario
Part 92 published on 01/12/2025
Owner had caused unreasonable noise and had harassed another resident
The Tribunal found that the owner had caused persistent noise nuisances and had harassed a neighbour, in violation of Section 117 (2) of the Condominium Act and the corporation’s rules. The Tribunal ordered that the owner bring himself into compliance.
The condominium corporation also sought full recovery of its legal costs, totaling $14,058.90. The Tribunal awarded costs of $10,000. On this issue, the Tribunal said:
In making my determination about the amount of costs, I am guided by the reasoning of the Superior Court, which wrote in Waterloo Standard Condominium Corp. No. 399 v. Lee et. al., 2023 ONSC 4223[2] that the “fixing of costs should reflect what the court views as a fair and reasonable amount to be paid, rather than any exact measure of the actual costs to the successful litigant.” I am also guided by the Tribunal’s Practice Direction regarding its approach to ordering costs. This was a relatively straightforward default proceeding. Accordingly, I conclude that costs in the amount of $10,000 would be appropriate and would fairly compensate the Applicant for the work they were required to perform on this case. I also award $150 in reimbursement for the Applicants’ Tribunal fees, for a total of $10,150.
Middlesex Condominium Corporation No. 79 v. Wuest, 2025 ONCAT 194