Reasonable Noise is Acceptable!

In the case of Kwok v. Man, Lo, the Applicant complained about noise from the unit above. She claimed that the noise disturbed her quiet enjoyment. However, this noise was “caused by the normal activities of daily living” of the occupants of the upper unit.

This was Ms. Kwok’s second application, following a previous complaint that led to acoustic testing (for sound proofing) during mediation. The results of the testing showed the building met Ontario Building Code standards and ruled out construction defects in the flooring of the condominium.

The Tribunal ultimately held that the noise in question was not unreasonable and therefore was not prohibited. The Tribunal dismissed the claim. The Tribunal said:

I accept that noises from the unit occupied by Mr. Man and his family can be heard by Ms. Kwok. I accept that some of the noise is disruptive to her, especially noises that are sudden in an otherwise quiet environment. However, based on the evidence before me, it appears the noise she experiences is caused by ordinary activities of daily living by Mr. Man and his family. Mr. Man has taken measures to reduce the noise, including installing floor coverings and encouraging his children to be respectful of neighbours.

As noted in the cases referred to by counsel for YRSCC 1331 and Mr. Man, unless there is some factor such as poor construction or defects (ruled out in this case by the acoustical study), noise resulting from normal activities of daily living is not generally considered unreasonable, particularly when there is an absence of supporting evidence confirming the nature, frequency and intensity of the noise.

A family of 5 including young children will inevitably create noise in the process of living their lives. In multi-residential community living some noise from daily activities must be expected. To be considered ‘unreasonable’ there must be supporting evidence confirming the nature and intensity of the noise. There is none here.

This decision is consistent with previous decisions of the Tribunal that we reported on in previous blogs that can be found at the following links: 

Reasonable Noise in Shared Living Environments

What Amounts to an Unreasonable Noise Disturbance?

The bottom line is that condominium residents must expect (and accept) a certain amount of normal and reasonable noise. Complaints are only justified in cases where the noise is unreasonable.

Stay tuned to Condo Law News to keep up to date on the latest developments on condominium law!