Legal

February 11, 2026 Published by Huronia Chapter - By Ashley Winberg

Acceptable Noise Threshold: Insights From Kwok V. Man

From the CCI Huronia Winter 2026 Condo Buzz Newsletter

Being a good neighbour is at the heart of successful multiresidential community living. In buildings, in particular, the residents share walls, floors, ceiling and, inevitably, certain everyday sounds. Although noise heard between units can head to heated disputes between residents, the Condominium Authority Tribunal’s 2025 decision in Kwok v. Man, (2025 ONCAT 88) reminds us that neighbourly understanding and reasonable expectations are essential to harmonious community living.

The Applicant, Ms. Kwok, sought relief from the Tribunal regarding noise coming from the family of five living directly above her. She claimed that the noise, which included children playing and other daily movements, disturbed her quiet use and enjoyment of her unit and was unreasonable. The Tribunal disagreed and ultimately dismissed her application. It found that the noises described were part of normal daily living and did not rise to the level of an objectively unreasonable nuisance.

The Tribunal commented that living in a multiresidential community also requires a certain level of mutual acceptance, and residents must expect and accept a reasonable amount of noise from those living around them. The Tribunal also praised Mr. Man for taking measures to reduce the noise by installing floor coverings and encouraging his children to be respectful of their neighbours.

The Tribunal’s commentary in this decision serves as reminder to us all that being a good neighbour requires acceptance, tolerance and mutual respect.

Seeking Relief from Harassing Owners

In Peel Condominium Corporation No. 96 v. Leuzzi (2025 ONSC 3492), the Superior Court of Justice confirmed that condominium corporations are not required to tolerate abusive communication from owners and may seek compliance orders when conduct crosses into harassment.

Over a 10-month period, the owner, Mr. Leuzzi, sent the corporation more than 119 emails, many of which demanded immediate responses, contained derogatory remarks, and threatened unfounded complaints to regulators such as the CMRAO and the Law Society. The Court found that this escalating pattern of “keyboard bullying” went well beyond what a corporation can reasonably manage.

The Court held that while owners are entitled to raise legitimate concerns, they must do so in a reasonable, proportionate, and civil manner. Persistent hostile emails and threats used as leverage can amount to harassment and breach Sections 117 and 119 of the Condominium Act, 1998, which prohibit conduct likely to cause injury—including psychological harm.

The Court ultimately ordered a compliance and cease and desist order requiring the owner to stop all uncivil, abusive, or harmful conduct toward the corporation’s representatives.

This decision underscores that corporations have meaningful remedies when an owner’s communication becomes abusive and highlights that when an owner’s conduct escalates into harassment, corporations must seek judicial intervention to protect their agents and employees.

Ashley Winberg
Common Ground Condo Law