Noise bylaw charges against a Centretown resident who hosts concerts in his living room were dropped Wednesday.
Two witnesses in the case failed to appear at the Provincial Offences Court to testify against Gregory Tascona, 23, who they say was disturbing neighbours with loud music from his Kent Street home last October and November.
“There is no evidence being offered so the matter’s been dismissed,” said Justice of the Peace Brian Mackay.
Prosecutor Keith Sorfleet was planning to question a neighbour who lives in a nearby apartment and a bylaw officer as witnesses to the loud music. Sorfleet said the officer drove by the house on one occasion and heard loud music coming from the residence.
“But neither of them were here so Mr. Tascona gets to walk away,” said Sorfleet. He said the officer is taking paternity leave and gave no reason for their absence.
Tascona, who pleaded not guilty, said he is disappointed that he did not get to justify his position in court.
“It seems like I just lucked out, like I got off without being cleared.” He said he was looking forward to meeting the complainant in order to work out a compromise. “I want to hear their side of the story, I want to figure out some kind of resolution,” he said, “maybe they’re not home at certain times and then I could play [music].”
Tascona and housemate Calum Marsh are planning to host a concert next month with musicians from Portland, Ore. “It’s going to be pretty low-key in terms of the sound,” said Tascona. “It’s more of a folk show so I’m not worried about the sound being a problem.”
If convicted, Tascona would have faced fines of up to $760.