When Noise Becomes Neglect: What Condo Corporations Must Learn from Lozinski v. WSCC 601

Noise disputes are among the most common issues in condominium living and are frequently brought before the Condominium Authority Tribunal (“CAT”).

A recent CAT decision serves as an important reminder that condominium corporations must have proper procedures in place to investigate noise and when necessary, enforce compliance. In Lozinski v. Wentworth Standard Condominium Corporation No. 601, Snow, 2026 ONCAT 1, the applicant unit owner (“Lozinski”) filed a CAT application because he believed he was experiencing persistent, unreasonable noise in his unit (e.g., stomping, machine noise) from the respondent’s unit (“Snow”). Lozinski also felt that the condominium corporation (“WSCC 601”) failed to take appropriate action to address his noise complaints.

Lozinski documented his noise incidents in a noise log over several months. The CAT accepted Lozinski’s evidence that he experienced unreasonable noise. However, the CAT did not conclude that the noise came from Snow’s unit, specifically, because there was no objective evidence (e.g., noise investigation) that the source of the noise was Snow’s unit.

Despite this, the CAT found that WSCC 601 acted contrary to its Rules and the Condominium Act, 1998 (the “Act”) by failing to take appropriate steps to investigate Lozinski’s noise complaints. For example, WSCC 601 provided no evidence that it either attended the units to investigate the noise, assess whether the alleged noise was unreasonable, or determine the source of the noise.

The CAT’s decision is clear; condominium corporations have a statutory duty to enforce their governing documents (i.e., Declaration, By-Laws, Rules) and address noise nuisances. By failing to investigate noise complaints, WSCC 601 effectively allowed the unreasonable noise to continue.

As a result, the Tribunal ordered WSCC 601 to:

• Develop and provide a written protocol for investigating future noise complaints raised by Lozinski within 30 days;

• Respond in writing to any future noise complaint from Lozinski within 7 days; and,

• Reimburse Lozinski’s $200 Tribunal filing fee.

Key Takeaways for Condominium Corporations

This CAT decision highlights the following important considerations for condominium corporations:

• Investigate noise complaints promptly and directly: A condominium corporation should investigate noise complaints as they occur. If necessary, a noise specialist should be called in. A condominium corporation cannot rely on assumptions about whether noise exists or where the noise originates.

• Document everything: Keeping clear records (e.g., noise log, communications) demonstrates that a condominium corporation is acting diligently and consistently in response to noise complaints.

• Establish a formal noise investigation protocol: A standardized, objective noise investigation process ensures fairness, consistency, and compliance with the Act.

Condominium corporations must recognize that noise disputes are not just neighbour to neighbour issues; they are condominium governance issues. When a condominium corporation fails to properly investigate noise complaints, the consequences can be significant. Seeking guidance from a condominium lawyer can help design a robust, legally compliant noise investigation procedure, and avoid potential liability at the CAT.