Excessive levels of noise / Repair work on the Ville-Marie highway
The class action seeks compensation for the people who suffered damages because of excessive noise resulting from the repair work performed on the Ville-Marie expressway in 1998, 1999 and 2000.
The claim period is now over. The administrator is in the process of verifying the claims.
In accordance with the distribution protocol, on October 12, 2018, Justice Dugré ordered the Régie de l’assurance maladie du Québec (“RAMQ”) to provide information that could confirm the residence of the 1,549 claimants who had given their authorization to do so (under confidential cover).
The processing of this information by the administrator is taking longer than initially foreseen. This implies that the distribution of checks is delayed.
Are you a member?
The class is defined as follows:
All persons, owners or tenants, who resided in the cities of Montreal and Westmount within three hundred and fifty (350) meters to the south and one hundred and seventy (170) meters to the north of the Ville-Marie highway between Guy and De Carillon streets between May 1st and December 31st, 1998 or between April 26 and December 15, 1999 or between July 1st and October 16, 2000.
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In February 2001, Mr Peter Krantz filed a motion in the Quebec Superior Court, District of Montreal, seeking authorization to institute a class action against the Attorney General of Quebec, Les Entreprises Claude Chagnon inc. and Les Grands Travaux Soter inc.
On April 24th 2006, the honourable Jean-Pierre Senécal, judge of the Superior Court of Quebec authorized the class action.
In 2009, Mr Krantz was authorized to add Construction DJL inc. as a defendant and he concluded a partial settlement with several smaller contractors.
In 2011, the three general contractors called into warranty several of their subcontractors.
Agreements were entered into between the plaintiff and the defendants in order to bring this litigation to an end.
These settlement agreements provide that an aggregate amount in principal, interest, and costs of at least $ 2.9 million and up to a maximum of $ 3.5 million, will be paid by the defendants for the benefit of class members, without admission of liability. The amount of compensation that will be paid to each eligible person will depend on the total number of claims submitted and accepted.
On November 8, 2017, the honourable Gérard Dugré, judge of the Superior Court of Quebec, approved the settlement agreements with the general contractors and the Attorney General of Quebec. Judge Dugré thereby approved the distribution protocol for the implementation of these agreements.
As provided for by the distribution protocol approved by the Honorable Justice Dugré on November 8, 2017, the Régie de l’assurance maladie du Québec (“RAMQ”) has provided the information which could confirm the place of residence of the claimants who have given their authorization for this purpose.
Thus, on October 12, 2018, Justice Dugré ordered the RAMQ to provide, under confidential seal, to the administrator and the plaintiff’s attorneys the confirmations of residence of the claimants who signed an authorization in their claim form. Following this order, the administrator could possibly confirm up to 1549 places of residence.
Justice Dugré considered that the issuance of this order was in the best interest of the members and would allow the achievement of the compensation objective pursued by class actions.