Judge rules family’s backyard noise is legal
Standoff tinged with complaints of racism
TORONTO • The noise from the backyard of a north Toronto home — allegedly so loud and raucous it transformed a quiet and coveted neighbourhood into Miami’s South Beach party district — was not really that noisy at all, a judge has ruled, bringing a close to a years-long saga that centred on a bylaw infraction.
The matter began in the spring and summer of 2015, when Cristina and John Panneton were repeatedly affronted by the sounds emanating from a backyard 40 metres away. According to the noise log kept by Mrs. Panneton, the noise was a saxophone, sometimes it was dance music — of the kind you’d hear in South Beach, she said. The Pannetons said they heard dancing, hollering and shouting, and the rush of a waterfall-style fountain that poured into the backyard pool.
That summer, the couple were forced indoors, unable to enjoy their property as usual — no gardening or reading, no swimming or entertaining.
The City of Toronto charged the owners of the alleged party yard, Rana and Hashem Ghadaki, with creating noise or vibration liable to “disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the inhabitants of the city.”
Such a charge would be a sin in any place, but especially so in a serene place like Hoggs Hollow with its old-growth trees and handsome estates. The Ghadakis contested the charge in a three-day trial earlier this year.
It was not about the fine — the maximum would be $500 — but the principle, their lawyer, Nader Hasan, said. The couple denied being noisy neighbours, arguing instead that the Pannetons were motivated by “something more malicious” in their complaints to the city, Hasan said.
“That’s why it was important for them to take a stand here,” he said, “and make it clear that they weren’t going to be bullied — even if it meant spending time and a lot of money in court defending against this bylaw prosecution.”
The central moment in the whole ordeal occurred on July 3, 2015. The Pannetons were entertaining a house guest when they heard noise coming from the Ghadaki yard, which isn’t directly adjacent to their property, but separated by another house. After Mr. Panneton went to the fence and called to “turn down the damn music,” he had a heated exchange with Mr. Ghadaki — which culminated in Mr. Panneton telling the Ghadakis to “Go home.” The Ghadakis, immigrants from Iran, flag the comment as evidence that the Pannetons’ complaints were racially motivated.
“That was terrible. My wife was crying all night,” Mr. Ghadaki told the National Post. He said they wanted an apology from the Pannetons, but did not get one.
“We are very civilized. We love our neighbours. … We never want to bother our neighbours. But these people don’t accept us in the community.”
In their testimony as witnesses at trial, the Pannetons denied their complaints were motivated by anything other than noise. For his part, Mr. Panneton said he meant that the Ghadakis’ should go home to the Toronto neighbourhood they lived in previously, before moving to their Hoggs Hollow house in 2014.
The Pannetons’ lawyer, Julianna Greenspan, noted that Justice of the Peace Sunny Ng did not mention the defence arguments on racial animus when he gave his decision in late March. She also said another neighbour filed a noise complaint,
‘GO HOME’, THE GHADAKIS, IMMIGRANTS FROM IRAN, WERE ALLEGEDLY TOLD.
further disproving any untoward motivation behind the Pannetons’ complaints. (Hasan, the Ghadakis lawyer, said he was not aware of a further complaint.)
“There is no racial motivation or racial undertones, whatsoever. That’s been ongoing, it was cross-examined and it was done,” Greenspan said. “There is no racial motivation or racial undertones, whatsoever.”
Ng found that the Ghadakis of York Valley Crescent were just two grandparents using their backyard normally: “family gatherings, friends come over, occasional teenagers would come, their kids would come, their cousins.”
“That is normal use,” Ng said, also noting that the Ghadakis had made strides to address the noise, calling in a technician to look at their speaker system. “One cannot be sensitive to all noise and sound when family and friends gather.”
He found the Ghadakis not guilty. “In this case,” Ng said, “one must accept the neighbour.”