Iwona Gerlich claimed noise from her upstairs neighbor caused her to relocate her home office and incur a vet bill for a noise-related 'bird injury'. She appealed to the province's Civil Resolution Tribunal for an order forcing the strata to enforce its noise bylaws and damages. However, the tribunal ruled against Gerlich, stating she failed to provide objective evidence that the noise was intolerable to an ordinary person.
A Burnaby townhouse owner who claimed noise from her upstairs neighbour forced her to relocate her home office and incur a vet bill for a noise-related "bird injury" has lost her case against her Burnaby strata.
Gerlich said the nuisance noise was coming from the unit directly above hers, mostly in the form of footsteps and dog barking that woke her up after midnight or as early as 5 a.m. The strata also said the owner developer had warned buyers the thin wooden walls in the townhouses would make "regular noise travel easier," according to the ruling.
Noise Complaint Strata Tribunal Damages Nuisance
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