Recent CAT Decision About Light Nuisance

Section 117 (2) of the Condominium Act is a recently-added section.   Section 117 (2) prohibits certain nuisances (on condominium properties), including unreasonable noise and other “prescribed nuisances”.  The other prescribed nuisances are prescribed in Section 26 of Regulation 48/01.  They are listed as follows (subject to the proviso that they are only prohibited if they are unreasonable):

1. Odour.

2. Smoke.

3. Vapour.

4. Light.

5. Vibration.

So in summary, the above nuisances, if unreasonable, are prohibited by the Condominium Act and Regulations.  Furthermore, Regulation 179/17 (which sets out the jurisdiction of the CAT) states that disputes respecting such nuisances fall within the jurisdiction of the CAT.

In the recent case of Nikolov v. Halton Standard Condominium Corporation No. 476, the CAT dealt with an owner’s complaint about alleged nuisance caused by light entering the owner’s bedroom, coming from a security light installed by the condominium corporation on the common elements.  Based upon the available evidence, the CAT held “that it is more probable than not that the security light is the source of the light coming into her bedroom” and found that this was causing an unreasonable nuisance to the owner.

The CAT ordered the condominium corporation to replace the light with a new light with baffles and pointed in a way that it would not cause the nuisance.

As lawyers, we don’t see many cases about nuisance from light.  But this case shows that such cases are certainly possible in the condominium setting.

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