Condominium Authority Tribunal Decision: McGugan v. Ritchie et al.

Strategic Insights -

The Condominium Authority Tribunal has issued a decision in the case of McGugan v. Ritchie et al., ruling that the personal Respondents, Bill and Sue Ritchie, are not creating an unreasonable noise through the use of a small water feature in their backyard. The Tribunal found that the sound of the fountain, measured at 29 decibels, is not considered unreasonable, as a reasonable person would not find it objectionable. The Tribunal also noted that the Applicant, Sharlene McGugan, has a disability that affects her ability to enjoy her outdoor spaces due to the noise, but the Code does not apply in this case.

Key Takeaways:

  • The Condominium Authority Tribunal dismissed the Application of Sharlene McGugan against Bill and Sue Ritchie, finding that the sound of their water feature is not unreasonable.
  • The Tribunal measured the sound from the fountain at 29 decibels, which is not considered loud by reasonable standards.
  • Sharlene McGugan has a disability that affects her ability to enjoy her outdoor spaces due to the noise from the fountain.
  • The Human Rights Code does not apply in this case, as it only applies to social interactions and does not cover disputes between neighbors.
  • The Tribunal suggested that the parties may engage in future discussions to find a mutually acceptable solution.
  • Sharlene McGugan used a portable radio to mask the noise from the fountain, but the condominium manager was concerned that this could disturb other neighbors.
  • The condominium manager moved the fountain further away from Sharlene McGugan's backyard, but this made the sound louder when she was on her balcony.
  • The personal Respondents used a timer to turn off the fountain from 7:00 pm to 7:00 am.

Statistics:

  • The sound from the fountain was measured at 29 decibels.
  • The condominium manager has not received any complaints about the noise from the fountain.
  • The Applicant, Sharlene McGugan, has a bladder condition that affects her ability to enjoy her outdoor spaces.
  • The Human Rights Code does not apply to disputes between neighbors.

Sources:

  • Condominium Authority Tribunal, McGugan v. Ritchie et al., 2024 ONCAT 49
  • Condominium Act, 1998
  • Human Rights Code