Nuisances in Malartic
On August 1st, 2016, Mr. Louis Trottier filed a motion seeking authorization to institute a class action against Canadian Malartic GP.
The action alleges that Canada’s largest open-pit gold mine, located in the city of Malartic and operated by Canadian Malartic GP, causes several abnormal annoyances to residents of Malartic, such as excessive dust, noise day and night and vibrations due to blasting which usually takes place twice daily.
Since 2011, the defendant Canadian Malatic GP has committed more than 4000 violations of applicable environmental laws and regulations. Despite numerous notices of non-compliance issued by the Ministry of Sustainable Development, Environment and the Fight against Climate Change, Canadian Malartic GP has failed to take sufficient measures to put an end to the nuisance caused by its operations.
In addition to compensation for damages caused by the defendant’s faults and for abnormal neighbourhood annoyances suffered by class members, the action seeks punitive damages for infringement of the members’ rights to enjoyment of their property and to live in a healthy environment protected by the Charter of Human Rights and Freedoms.
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The class is defined as follows:
«All persons who, since August 1st, 2013, are owners, tenants or residents, or have been owners, tenants or residents, in buildings located in the Center, East and Laval areas of Malartic, delineated by the railway to the north, by the Chemin du Lac Mourier to the west, by the mine to the south and by Champlain avenue to the west, including owners of buildings located in this area who do not reside in the area, as well as commercial tenants.»
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