Well I was warned – recent jubilation that our recent submission for adjudication was successful and our upstairs neighbour was ordered to comply with by-law and treat ALL their floors. To me this seems simple – neighbour was given 10 weeks to comply. In their submission respondent (go-ahead young couple) had requested orders against us (I didn’t know you could do this) 1. that we insulate our ceiling – order denied as adjudicator said we had not contributed to their noise at all. 2. that they carpet the bedrooms and put rugs in living areas – adjudicator view was that this order request reinforced the idea that they knew they were making noise and the order was not made 3. that we stop harassing – outside adjudicator’s jurisdiction.
Acoustic testing had demonstrated that flooring did not meet the minimum standard (adjudicator had underlined this phrase, bolded the word minimum and in brackets after put the words (emphasis added).
When we asked our neighbour what they intended doing as 6 weeks has now passed, she said that she was waiting for further info from the acoustic engineer and then would be putting a submission to OC for approval???
I don’t believe the OC can overturn any order of the adjudicator – in fact I don’t really think they understand what the adjudicator’s order means.
Any thoughts fellow sufferers would be appreciated. Is it too late to draft a by-law stating that hard surface flooring is not allowed or must be 6 star standard.