08/05/2025– Jurisdiction Ontario
Part 90 published on 01/06/2025
Owner ordered to stop feeding birds
The owner repeatedly fed birds from her balcony. The condominium corporation received multiple complaints from residents. Despite warnings, the owner continued feeding birds, causing mess as well as damage to other residents’ property.
The Tribunal held that the owner’s actions constituted a nuisance in contravention of Section 117 (2) of the Condominium Act as well as the Rules of the condominium corporation.
The Tribunal ordered the owner to stop feeding the birds, to clean her balcony, to install bird deterrents, and to pay damages and costs to the Corporation.
Carleton Condominium Corporation No. 476 v. Smalldridge, 2025 ONCAT 74, Bird Feeding