Dear Toronto Standard Condominium Corporation No. Noise Complaints Our File No.: As you know, we are the lawyers for The purpose of this letter is to advise you that has received complaints regarding your conduct towards your neighbours, and that | considers your conduct to be contrary to the condominium corporation's declaration and rules. Background On or about Monday, August 6, 2012, just before 12 noon, you purported to advise TSCC. concierge that your upstairs neighbours (Suite), who had just recently moved in to their unit, were creating excessive amounts of noise. The concierge went up to the fourth floor, and then checked the third and second fioors, but could not hear any unusual noise. (On August 7, 2012, we are advised that you knocked on your upstairs neighbours’ door at about 6:00 PM, and asked your neighbours to try and walk more quietly, as the sound of footfalls was disturbing you, We understand that they responded to you that they would try to walk quietly. (On August 12, 2012, we understand that you called in a noise complaint to the Toronto Police because you heard your upstairs neighbours walking around in their unit at approximately 10:30 AM. As you might imagine, your upstairs neighbours were shocked to have the police arrive at their door. The officers advised your neighbours that you had complained about loud running noises emanating from their unit There is also a long history of you reporting your former upstairs neighbours for allegedly excessive noise. Those complaints caused fo conduct a noise transmission study in Suite on or about March 17, 2011, which study determined that there was no common element deficiency and that noise transmission levels were within the normal acceptable range.After we advised you that TSCC would take no action against your former neighbours, you Continued to antagonize them to the point where they flt harassed by you, following which, they moved out of the building. Suite remained vacant unlit was sold, which we understand ‘was a8 a resut, in part, of your former neighbours no longer being able ta tolerate your inappropriate conduct towards them, Unfortunately, your new neighbours have already reported feeling harassed by you. In our client's view, your conduc to date amounts to a nuisance as you are improper interfering in your neighbours’ right to De left alone. Your neighbours, Ike all people, have the righ fo engage innormal day to day activities within their condominium unit, regardless of whether hose ‘actvties may be audible to other residents. (On or about January 24, 2011, we advised you that if you continued to pursue noise complaints ‘against your neighbours, andi your allegations of excessive noise were found to be unt, then TSCC “would seek to recover ts costs from you in respect ofthis matter on a full indemnity basis. TSC" Declaration and Rules Section 32{a) of TSCC declaration provides, in part, that: “No unit shall be occupied or used by any owner, or by anyone else, in such a manner 2 is likely fo damage or injure any person or property... norin any manner that wil unreasonably interfere with the use or enjoyment by olhar owners ofthe common ‘loments or their respective unis.” ‘Section 32(b) then goes onto state that: “The owner of each unt shal comply. ..with the provisions of the Ac, this declaration, the ‘bylaws and rules ofthis Condominium..." TSCC Rule No. 10 provides that: “No one shall oreate or permit the creation or continuation of any noise or nuisance ‘which, inthe opinion of the board or the manager, may or does clstur the comfort or ‘uiet enjoyment of the units or common elements by other owners.” Section 13 of TSC’: declaration provides, in part, that ~...any losses, costs or damages incuned by the Corporation by reason of a broach of «ny provision in this declaration or in any by-laws or rules of the Corporation in force. from time to time...committed by any unit owner...hall be borne and paid fo by such ‘owner, and may be recovered by the Corporation against such owner inthe same ‘manner as common expenses (and with conesponding in rights in favour of the Corporation similar fo the case of common expense arrears)" Required Action ‘Your upstairs neighbours have the right to walk freely throughout their home and they ought not tobe confronted with the police knocking on thelr door as a result af you making exaggeratedallegations against thar. Quite apart from being contrary to TSCC__ declaration and rules, there are serious ramifications that result rom making a false report to the police [As a result of the foregoing, our client demands that you: 41) stop harassing your upstairs neighbours, and; 2) indemnify TSCC__ for its legal costs in rosponding to this matter. “Thus far, the total cost incurred by TSCC.____ inthis mater Is $698.63, which includes disbursements and applicable texes. Payment should be made by chaque payable to Toronto ‘Standard Condominium Corporation| Ifyou fail to submit the above-noted sum by 45:00 PM on August 31, 2012 then TSCC "wil collect these funds in the same mannet as ‘common expenses, which, i they remain unpaid, will be enforced in accordance with the provisions ofthe Act. Be advised that if our client continues to receive complaints sbout you harassing your neighbours, then we expect to receive instructions to commence formal enforcement proceedings against you without further notice or waming to you. Yours ty, FINE & DEO per ce 1800