This case involves a retired couple named the "Dandells". The Dandells have lived in Unit #506 of a Naniamo condo tower
Posted: Mon Jun 06, 2022 6:38 am
This case involves a retired couple named the "Dandells". The
Dandells have lived in Unit #506 of a Naniamo condo tower since
2012. The Dandells quite enjoyed the building because it was quiet
and generally, the owners kept to themselves. Recently, the unit
next to the Dandells' unit was listed for sale and sold to a young
family named the MacDonalds. The Dandells and the MacDonalds both
share a common wall. The MacDonalds have long been a musical family
and they have gotten their son, Xavier, into violin lessons. As
part of his lessons, Xavier needs to practice and he does so in a
room which is one room removed from the common wall. Shortly after
the MacDonalds moved in, Mr. Dandell began to hear violin sounds
emanating from the MacDonalds' unit into all areas of his unit. The
Dandells found this to be disturbing. Mr. Dandell approached Mrs.
MacDonald and demanded the noise stop. In a bid to form a
compromise, Mrs. MacDonald apologized and stated that she would
limit Xavier's practice to roughly 15 to 30 minutes. Over the next
few weeks, Mr. Dandell noted about five instances where he could
hear the violin; typically it was when Xavier came home from school
between the hours of 4:00pm to 6:30pm. Xavier did not typically
practice on the weekends. Mr. Dandell was again upset that the
violin noise was reverberating throughout his unit. It was doubly
disturbing because Xavier was not playing an entire piece of music,
he was practicing portions of music repetitively. When Mrs.
MacDonald said there was nothing more she could do, Mr. Dandell
became extremely frustrated and now wishes to sue. Ignoring
negligence, what tort might the MacDonalds be sued for? Would the
tort claim against the MacDonalds be successful? Explain and apply
the specific legal test to determine if the claim would be
successful. (6 marks)
Dandells have lived in Unit #506 of a Naniamo condo tower since
2012. The Dandells quite enjoyed the building because it was quiet
and generally, the owners kept to themselves. Recently, the unit
next to the Dandells' unit was listed for sale and sold to a young
family named the MacDonalds. The Dandells and the MacDonalds both
share a common wall. The MacDonalds have long been a musical family
and they have gotten their son, Xavier, into violin lessons. As
part of his lessons, Xavier needs to practice and he does so in a
room which is one room removed from the common wall. Shortly after
the MacDonalds moved in, Mr. Dandell began to hear violin sounds
emanating from the MacDonalds' unit into all areas of his unit. The
Dandells found this to be disturbing. Mr. Dandell approached Mrs.
MacDonald and demanded the noise stop. In a bid to form a
compromise, Mrs. MacDonald apologized and stated that she would
limit Xavier's practice to roughly 15 to 30 minutes. Over the next
few weeks, Mr. Dandell noted about five instances where he could
hear the violin; typically it was when Xavier came home from school
between the hours of 4:00pm to 6:30pm. Xavier did not typically
practice on the weekends. Mr. Dandell was again upset that the
violin noise was reverberating throughout his unit. It was doubly
disturbing because Xavier was not playing an entire piece of music,
he was practicing portions of music repetitively. When Mrs.
MacDonald said there was nothing more she could do, Mr. Dandell
became extremely frustrated and now wishes to sue. Ignoring
negligence, what tort might the MacDonalds be sued for? Would the
tort claim against the MacDonalds be successful? Explain and apply
the specific legal test to determine if the claim would be
successful. (6 marks)