Today I intend to re-address a problem that probably generates more mail then any other….the NOISY NEIGHBOUR
Every few days I get an email from someone complaining that the person next to them, above them or just close to them is interfering with their quiet enjoyment of their home. What can they do to stop it?

There are a number of different approaches depending on the situation, however the basics are all the same. Generally, people and pets are allowed to make reasonable noise during reasonable hours of the day. Check your local “quiet hours”, by calling City Hall or checking online. There are usually city ordinances or by-laws, that prohibit excessive, unnecessary and unreasonable levels of noise. If your neighbours or tenants are making noise outside these by-laws, police can be called.

For noise outside of these quiet hours if you are in a rental situation, you can make an application to your local Landlord and Tenant Board. In order to do so, the noise must be deemed unreasonable. In a condominium to the condominium corporation and the management company, in a freehold the City By-law enforcement office or the police.

What does this mean? This interpretation should apply even if an owner in a situation where the neighbour is right next to you or nearby.

Generally, take into consideration the level of noise, the frequency and whether steps can be taken to reduce the noise. Another factor will be demonstrating how the excessive noise impacts you and the effect this has. For example, in a case called The Owners, Strata Plan LMS 4555 v. Chan (L040727 BCSC), that is a condominium case, but applicable, loud piano playing was considered an excessive and unreasonable noise; however, once sleepers were installed into the piano to minimize the noise, the Court decided that it was a reasonable noise level even though the noise had not been completely eliminated. Another example could be loud footsteps from your neighbours or their pets above you due to wood flooring. In a situation like this, the noise could be brought down to a reasonable level by the purchase of a rug by the noisy tenant. In a condominium high rise building often there are rules for the building ensuring wood floors are covered.

Ok so the moral here is that whether a tenant, an owner in a high rise, a semi, town or even freehold, you have to prove that the bad noise is happening if you want to take up the issue with the appropriate authority.

How do you do that? You should make a log of the time and dates of the noise and make it as detailed as possible (an “Incident Report”). You can record the noise and have witnesses available to substantiate the situation, if necessary. You should report excessive noise to your Landlord, or condominium management company and board, Bylaw officers, police as applicable; records of complaints are evidence! You should find out if other neighbours are impacted in order to bolster your case. In all probability, if the noise is too loud for you, other people in your building or on your street may be experiencing the same problems.

There is an order of escalation you need to follow with respect to this kind of issue. The first step should be to talk to your noisy neighbour. This is often the simplest way and sometimes it is all that is required. Your neighbour or Tenant may not even realize the amount of noise they are making.

If that does not work complain to the appropriate authority. Provide a documented, chronological memorandum with backup (remember the Incident Report). It is hard for people to shrug off evidence.

If that does not work take it formally to: a) if a tenant – the Landlord and Tenant Board (Note: Only a Landlord can take noisy neighbours to the Landlord and Tenant Board. Tenants need to bring an application against the Landlord if the Landlord does not take steps to stop the offending Tenant.) ; b) if in a condominium -to the Board or as in c) to By-law enforcement or the Police.

What if non of it helps? If it is bad enough go and see a litigation lawyer to start Court proceedings. Last resort but usually gets results.
Noisy neighbours are a terrible disease on the urban landscape. I suppose we can only hope that civility and a recognition that we are in this together, will ensure that good manners and respect for each other become important again and we can eliminate this issue. I hope everyone that reads this article takes the time to think about it and not become a noisy neighbour.

Perhaps the most difficult part of writing these articles relates not the actual writing, but thinking of a topic to address. So help me!!! Mail, deliver or fax letters to the magazine or to us, use the web site (www.schwarzlaw.ca), email (info@schwarzlaw.ca) and give us your questions, concerns, critiques and quandaries. I will try to deal with them in print or electronic form.