Mitch Robinson

The appellant challenged a tribunal decision holding that several sets of condominium board minutes were adequate under the Condominium Act.

The Divisional Court held that the appeal was limited to questions of law under s. 146(2), reviewed on a correctness standard, and found no error in the tribunal's articulation or application of the governing principles from prior tribunal jurisprudence.

The court concluded that the alleged omissions largely raised governance complaints rather than defects in the sufficiency of minutes, and that the most compelling examples still did not show inadequacy.

The appeal was dismissed with agreed costs payable to the respondent.

The applicant condominium corporation applied to the Condominium Authority Tribunal regarding a unit owner who persistently fed pigeons from her balcony.

The respondent did not participate in the hearing.

The Tribunal found that the respondent's actions attracted an excessive number of birds, resulting in unreasonable noise and property damage from droppings.

This constituted a nuisance under section 117(2)(a) of the Condominium Act and the corporation's rules.

The Tribunal ordered the respondent to cease feeding the birds, clean her balcony, install a bird deterrent, and pay costs and damages.