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Halton Standard Condominium Corporation No. 490 v. Paikin - 2021 ONCAT 95 - 2021-10-15


HSCC 490




This case involves Halton Standard Condominium Corporation No. 490 and the respondent over the ownership of a dog. Halton Corporation has accused Paikin of allowing her dog to urinate and defecate on her balcony, leading to feces falling onto the unit below, making it a nuisance. Halton Standard Condominium Corporation is seeking an order that the respondent remove her dog from the condominium and a cost order. The respondent was required to confirm that she intended to participate but did not respond to the request. This case was determined on the basis of evidence provided by Halton Corporation. The Tribunal found in favor of Halton Standard Condominium Corporation No. 490 and ordered Paikin to remove the dog from the condominium and pay legal costs. The tribunal also found that the governing documents clearly authorize the board to deem a dog a nuisance and demand its removal from the condominium.


CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals
Procedural Issue with Governing Documents
Reasonableness and/or Consistency of Governing Documents


The Halton Standard Condominium Corporation was granted an order to remove a dog owned by the respondent due to the dog causing a nuisance in the form of waste falling onto the balcony of a unit below, with the decision being made in favor of the corporation as Paikin chose not to participate in the proceedings.


Nuisance Dog Issue: The case revolves around a dispute between the condominium corporation, Halton Standard Condominium Corporation No. 490, and the respondent regarding her dog's behavior. The corporation alleges the respondent's dog has been urinating and defecating on her balcony, and the waste is falling down to the unit below, causing a nuisance.

Lack of Response: Despite being initially involved in the case, the respondent did not participate or respond to the proceedings at the Condominium Authority Tribunal. As a result, the case was determined based on the evidence provided by the condominium corporation.

Order and Costs: The tribunal found in favor of Halton Standard Condominium Corporation No. 490 and issued an order for Paikin to remove the dog from the condominium. The corporation was also granted legal costs. The tribunal's decision is in line with the authority given to the condominium board to deem a pet a nuisance and demand its removal.


Clear Communication and Participation: It is essential for all parties involved in a condominium dispute to actively participate and communicate with the tribunal or authority handling the case. In this instance, the respondent, Marta Paikin, did not participate in the proceedings, which may have negatively impacted her ability to present her side of the story. Therefore, it is crucial for all parties to actively engage and respond to any instructions or communication from the tribunal.

Adherence to Condominium Rules: Both condominium corporations and unit owners should adhere to the governing documents and rules set forth by the condominium board. The case highlights how the condominium corporation had the authority to deem a pet a nuisance and demand its removal. Unit owners should fully understand and comply with the rules regarding pet ownership, cleanliness, and any potential nuisances to avoid legal disputes.

Timely Resolution and Compliance: Condominium disputes should be resolved in a timely manner, and all parties involved should comply with the decisions and orders issued by the tribunal or authority. In this case, the condominium corporation sought an order for the removal of the dog, which was granted by the tribunal. It is recommended that parties comply with decisions promptly, as failure to do so may lead to further legal complications.

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