@Unit Dweller said:
Would you have any recourse against the EC for failure in their duty of care to ensure that the amenities of your unit are not compromised by “the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner of another lot (current model by-law under the Act)?
Two things – the only by-laws that are relevant are those in place in your building. The current model by-laws have no standing unless they have been adopted as your by-laws. (As I write this, a little voice is telling me that perhaps if there is no by-law specific to an issue then the appropriate model by-laws apply – I will check this out.)
Secondly, the recent ruling in the Thoo case at the Appeals Court basically said that you can’t sue an Owners Corporation for damages for failure to fulfill its statutory duties (although you might be able to sue for negligence). THIS factsheet from Mills Oakley lawyers explains the decision in detail (and, inevitably, in legal language).
Having failed to head the timber floor off at the pass, all you can do now is prove that its use is an unacceptable disruption of the peaceful enjoyment of your lot. It can be done and it has been done many times – but it takes a lot of legwork, some serious information gathering and a bit of luck to get there.