One of the most common complaints from condominium residents is noise coming from neighbouring units. In the last 40 years, more than 100 condominium noise cases have gone to trial in Ontario courts.
The latest of these involves an application by Elizabeth Dyke against Metropolitan Toronto Condominium Corporation 972 to require the condominium to enforce its noise bylaws. The building is a 349-unit high-rise on Wellesley St. E. near Yonge St.
Earlier this year, Dyke was living on the 8th floor of the building with her daughter, and used a nearby unit as her law office (she has since retired).
In February, 2010, two new tenants moved into Ste. 911, the unit above the Dyke residence. The wife explained to Dyke that she was a professional dancer and sometimes used her condo as a practice area.
The noise from upstairs escalated over the months and by July, 2011 the tenant was using her unit as a full-time professional dance studio.
In August Dyke reported the nuisance to the police, and began complaining to the property manager.
During the fall of 2011, Dyke made numerous complaints to the management and security desk. Reports from the security personnel described the sound as similar to the constant banging of a hammer.