The CAT Does Not Have Jurisdiction to Deal With Repair and Maintenance

In the case of Tarski v. YRSCC 1179, the Applicant complained about noise from the mechanical room above his penthouse unit. The Tribunal said that the complaint fell within the condominium corporation’s duties to maintain and repair the common elements, which fell outside the Tribunal’s jurisdiction. The Tribunal said: 

The evidence supports the conclusion that the issue in this case is one of maintenance or repair. The submissions from both parties show that the Applicant’s complaint relates to the noise coming from the equipment and the supporting structures to the equipment in the mechanical room. The evidence from  the experts shows that the proposed solutions have been to repair the various  pumps and connections to prevent noise and vibration from being transmitted into the Applicant’s penthouse unit. This is not for me to determine as maintenance and repair are outside my jurisdiction. 

The Tribunal has previously found that building functions are not an “activity” within the meaning of s. 117(2) of the Act. 

… 

I have also reviewed the Respondent’s governing documents. There are no By-Laws or Rules that apply in this case. The Applicant has only cited those provisions that relate to the Respondent’s obligation to maintain and repair common elements. 

The principle appears to be as follows: If an alleged nuisance or disturbance appears to be coming from an unacceptable “building function” or “building condition”, this typically does not fall within the CAT’s jurisdiction. On the other hand, an alleged nuisance or disturbance can fall within the CAT’s jurisdiction if:

• the alleged nuisance or disturbance is from some form of human activity;  OR
• the alleged nuisance or disturbance is due to a violation of a provision in the condominium’s governing documents.

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