57. The strata also apparently determined that each noise complaint was a bylaw contravention, regardless of the noise’s duration and the time of day. For example, the strata fined for 1 hour of TV noise from 5:30 to 6:30 p.m. on Thursday December 3, 2020. This indicates the strata took a blanket approach and did not consider whether each complaint established noise that was unreasonable for the time of day. It is generally accepted that the disturbance caused by noise depends on factors such as background noise and the time of day – this is why many municipalities have different noise limits for daytime and night time noise: see Suzuki v. Munroe, 2009 BCSC 1403 at paragraphs 77-80.
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