CAT Awards Significant Costs to Condominium in Nuisance Application

In Toronto Standard Condominium Corporation No. 2804 v. Micoli et al., our office commenced a successful CAT application on behalf of TSCC 2804 (the “Condominium”) to address a tenant's highly disruptive presence in the building. In a promising development in the areas of indemnity damages and costs, the CAT ordered the respondents to pay the Condominium $26,991.10.

The Tribunal member found that the tenant and his guest had engaged in a continuous and escalating pattern of disruptive conduct and concluded that the tenant was causing nuisances that unreasonably interfered with and disturbed the comfort or quiet enjoyment of other residents and the Condominium’s staff. In addition to ordering immediate compliance by the unit owner and tenant, the Tribunal member ordered the following payments to be made to the Condominium:

• $18,239.60, payable jointly and severally by the owner and tenant, for indemnity damages arising from the ongoing non-compliance;

• $200.00, payable jointly and severally by the owner and tenant, for the Condominium’s Tribunal fees; and

• $8,551.50 in costs against the unit owner for failing to take reasonable steps to address the tenant’s long-standing non-compliance.

This decision should be taken as a stern warning to unit owners who ignore their legal responsibility for their tenants and should offer a glimmer of hope to condominium corporations who are left with no option but to bring a CAT application to obtain compliance against a habitual source of nuisance.