Lawsuit against noisy neighbours nets frustrated B.C. condo owners $2,500 in damages
Loud music and lively conversations have cost two B.C. condo owners upwards of $2,500 after they were sued by their downstairs neighbours over many nights of disrupted sleep.
In a ruling posted online last week, the province's Civil Resolution Tribunal found Seyed Mohsen Hashemi Sefat and Hirad Abbaspour liable for "unreasonable noise" coming from their unit between 10 p.m. and 7 a.m. on 16 different nights from February through August 2020.
Downstairs neighbours Yang Chu and Felix Tan said the racket coming from the home was sometimes so loud, they were forced to go sleep at a relative's place.
While Sefat and Abbaspour denied causing a nuisance, the tribunal noted that their neighbours came equipped with thorough evidence that included "several sound recordings, emails to the property manager written when the noise was observed, text messages with the respondents about the noise while it was happening, and statements from other strata residents."
There was also a video that captured a live decibel reading outside Sefat and Abbaspour's front door.
"The sound recorded is loud conversation and repetitive music with a significant bass component," tribunal member Julie K. Gibson wrote in her decision.
"The applicants' noise recordings show noise over 50 decibels at some times, which I find is an unreasonable volume at night in a multi-unit residential building."
The decision doesn't specify where the parties live, but points to a noise bylaw in the City of Burnaby that limits residents to 45 dBA – the measurement of decibels weighted based on human hearing – after 10 p.m.
Sefat and Abbaspour argued the dispute should be handled by the building's strata, which has a bylaw banning unreasonable noise, but were overruled. Gibson noted B.C.'s Civil Resolution Tribunal Act allows it jurisdiction over some strata matters.
Chu and Tan asked for $200 per night of unreasonable noise, for a total of $3,200, as well as $795 in compensation for three days they claimed to have taken off work due to lack of sleep.
Gibson said the condo owners failed to present evidence of their time off work, however, and she used a different formula for compensation based on previous decisions related to noise nuisances.
She awarded Chu and Tan $2,500 in damages, plus about $335 in fees and pre-judgment interest.
CTVNews.ca Top Stories
BREAKING Police investigating shooting outside of Drake's Bridle Path mansion: source
Toronto police are investigating a shooting that took place outside of Drake’s Bridle Path mansion early Tuesday morning, a source tells CP24.
Canadian cadets rock mullets and place second at U.S. military competition
Sporting mullets, Canadian Armed Forces officer cadets placed second in an annual military skills competition in the U.S.
'It looked so legit': Ontario man pays $7,700 for luxury villa found on Booking.com, but the listing was fake
An Ontario man says he paid more than $7,700 for a luxury villa he found on a popular travel website -- but the listing was fake.
Your body needs these three forms of movement every week
Movement is movement, right? Not exactly. Here’s what your body is looking for in addition to your morning walk or yoga session, according to experts.
The Met Gala was in full bloom with Zendaya, Jennifer Lopez, Mindy Kaling among the standout stars
The Met Gala and its fashionista A-listers on Monday included Jennifer Lopez, Zendaya and a parade of others in a swirl of flora and fauna looks on a green-tinged carpet lined by live foliage.
Quebec to limit sperm donations per donor after 3 men from same family father hundreds of children
Quebec is looking at tightening the regulations around sperm donation in the province following the release of a documentary that revealed three men from the same family fathered hundreds of children.
There's actually no such thing as vegetables. Here's why you should eat them anyway
The rumours are true: Vegetables aren't real — that is, in botany, anyway. While the term fruit is recognized botanically as anything that contains a seed or seeds, vegetable is actually a broad umbrella term.
Noelia Voigt resigns as Miss USA, citing her mental health
Noelia Voigt, who was crowned Miss USA in November 2023, has announced she is resigning from her role, saying the decision is in the best interest of her mental health.
Highlights from the 2024 Met Gala exhibit: Sleeping Beauty would wake up for these gowns
Sure, she was a royal princess and all. But there’s no way Sleeping Beauty — either before or after her nap — ever had quite the fabulous wardrobe that’s been assembled at the Metropolitan Museum of Art.