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Reasonableness Regardless of the Route

Kristi Sargeant-Kerr
Publication date:
March 30, 2022
Article Summary: 

The amendments to Section 117 of the Condominium Act, 1998 came into effect on January 1, 2022, expanding the prohibition of activities likely to damage the property, assets, or cause injury or illness to individuals, including unreasonable noise that is a nuisance, annoyance, or disruption. The Condominium Authority Tribunal (CAT) also had its jurisdiction expanded to include disputes related to nuisance, annoyance, and disruption. However, dangerous activities listed under Section 117(1) still need to be addressed at the Ontario Superior Court of Justice. Two recent cases highlight the importance of reasonableness in resolving disputes. In Halton Standard Condominium Corporation 490 v. Paikin, the CAT ruled in favor of the condominium corporation's decision to deem a dog as a nuisance due to urination and defecation on a balcony. However, the CAT criticized the corporation for not attempting to explore alternative solutions before ordering the dog's removal. In Metropolitan Toronto Condominium Corporation No. 1171 v. Rebeiro, the court stayed a neighbors' dispute pending mediation and arbitration, emphasizing the need for parties to be reasonable and seek non-adversarial resolutions to conflicts.


CCI Review, Condominium Act, 1998, Section 117, Amendments, Nuisance, Nuisance-related disputes, Prohibited activities, Unreasonable noise, Condominium Authority Tribunal (CAT), Ontario Superior Court of Justice, Dangerous activities, Reasonableness, Mediation, Arbitration, Neighbors' dispute, Dispute resolution, Credibility, Legal counsel, Condominium disputes, Halton Standard Condominium Corporation 490 v. Paikin, Metropolitan Toronto Condominium Corporation No. 1171 v. Rebeiro.

Source Citation: 
Kristi Sargeant-Kerr
Reasonableness Regardless of the Route
March 30, 2022
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