How has the court considered subjective evidence in determining whether an air conditioner is too loud?
British Columbia, Canada
The following excerpt is from Kirkwood v. Arlington Grove Housing Co-operative, 2021 BCCRT 174 (CanLII):
53. In Suzuki v. Munroe, 2009 BCSC 1403, the court gave little weight to either the parties’ or the witnesses’ subjective evidence about how loud the air conditioner at issue was, and instead relied on the objective evidence of noise level measurements.
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