Legal

June 17, 2024 Published by British Columbia Chapter

Condo Cases Across Canada

From CCI BC Strata Connection Magazine, Volume 02, Spring/Summer 2024

Parachuk v. Karakoc (Condominium Authority Tribunal) December 18, 2023

18/12/2023 – Jurisdiction Ontario Part 85 published on 01/03/2024

Insufficient evidence of alleged unreasonable odour

The Applicant complained of an unreasonable odour coming from a charcoal-burning water pipe that she alleged was being used by the Respondent (in the unit above the Applicant’s unit). She described the odours as “shisha, spearmint, woody, sweet or burning”.

The Tribunal held that that there was “insufficient evidence that the odour Ms. Parachuk reports she is experiencing is unreasonable or that its source is the Respondent’s unit”.

The condominium corporation did not participate in the application. However, the Tribunal nevertheless ordered the condominium corporation to take certain steps in the event of additional vidence of an unreasonable odour in the Applicant’s unit. The Tribunal said:

I asked Ms. Parachuk if any formal investigation such as air quality testing, or a review of her unit’s HVAC system, had taken place. She advised it had not. Given I have found that the evidence of unreasonable odours in her unit is inconclusive, it may be helpful for her to obtain an assessment of the air quality in her unit from an independent, qualified professional. Such a report could provide information about the composition and exposure levels of any odours infiltrating her unit. In the specific circumstances of this case, where the absence of any evidence from YCC 78 does not a low me to conclude that it has fulfi led its responsibilities under the Act, I am taking the somewhat unusual step of ordering that should YCC 78 receive an air quality assessment report from Ms. Parachuk which finds that odour that exceeds genera ly accepted exposure limits is infiltrating her unit, within 60 days of receipt of the report, YCC 78 is to undertake an investigation to determine the source of the odour and to then take reasonable steps to mitigate the infiltration.

Gagnon v. Carleton Condominium Corporation No. 331 (Condominium Authority Tribunal) February 13, 2024

13/02/2024 – Jurisdiction Ontario Part 85 published on 01/03/2024

Board Minutes were adequate. In one respect, condominium corporation had temporarily failed to comply with Minutes of Settlement.

The Applicant owner alleged that the condominium corporation had failed to comply with the terms of a settlement agreement between the parties. The Tribunal agreed that the corporation had temporarily failed to comply with one term of the settlement agreement respecting delivery of Board Meeting minutes. That noncompliance had been remedied before the hearing.

The Applicant also alleged that the Board minutes were inadequate because “some of the minutes only include agendas and are inadequate because they don’t contain basic information”. The Tribunal rejected this allegation. The Tribunal said:

The Respondent submits that while some minutes have more detail than others, this does not render them inaccurate or inadequate. I agree.

I find that the minutes provided included information about the date, who attended the meeting, the issues discussed, and decisions made. They were certainly not overly detailed but that is not the standard that the Respondent is held to. What is in the minutes is enough to satisfy the basic requirements of minutes.

Gagnon v. Carleton Condominium Corporation No. 331, 2024 ONCAT 20 – Emily’s case