Excessive levels of noise / Circuit Mont-Tremblant
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The Association des résidents de Mont-Tremblant pour la qualité de vie (the “Association”) has concluded a settlement agreement with the former and current owners of Circuit Mont-Tremblant. You can also consult the full text of the settlement agreement here.
Under this agreement, members of the first class action who resided in the “nearby zone” (zone rapprochée) designated by the judgment of the Honourable Johanne Mainville of the Superior Court (see below) shall collectively receive 2M$, after deduction of class counsel’s legal fees and disbursements and administration expenses.
In order to settle the second class action, the current owners of the Circuit make commitments regarding its future operations. In summary: i) the use of the Circuit by vehicles not equipped with mufflers will be prohibited at all times; ii) there will be six weekends per season (as defined in the municipal by-law) without any racing activity on the Circuit, and at least three of these weekends will take place between June 22nd and Labour Day.
The settlement agreement was approved by the Superior Court – you can view its judgment here. Eligible members can file a claim on the web page of the Court-appointed claims administrator, Proactio (a service of Raymond Chabot): Circuit Mont-Tremblant – Proactio . The deadline for filing a claim is August 27, 2024.
You can also contact Proctio at the following coordinates:
450 969-9926 or toll-free 1- 844 967-3705
circuitmonttremblant@proactio.ca
The case
In May 2012, the Association filed a motion for authorization to bring a class action against the companies that operated the Circuit Mont-Tremblant automobile racing track (the “Circuit”). The Association alleged that activities practiced on the Circuit caused intolerable noise and were an abnormal neighbourhood annoyance within the meaning of article 976 of the Civil code of Québec.
On March 24, 2020, the Honourable Johanne Mainville of the Superior Court of Québec allowed in part the class action brought against the Circuit by the Association. Justice Mainville found that the Circuit’s activities that generate noise in excess of 55 decibels, with a tolerance of 3 decibels, create an abnormal neighbourhood annoyance. However, she also found that only “special activities” (i.e. activities to which no noise limit applied under the municipal by-law) generated noise above this threshold, and only in areas collectively designated as the “nearby zone” (zone rapprochée). You can consult Justice Mainville’s judgment here: judgment.
On September 28, 2020, the Circuit appealed Justice Mainville’s judgment. This appeal was dismissed on May 20, 2022.
On April 27, 2022, the Association filed a new application for authorization to institute a class action against the companies that operate the Circuit. The new class action sought compensation for residents who continued to suffer disturbances despite Justice Mainville’s judgment, as well as a permanent injunction to put a definitive stop to the nuisances caused by the Circuit.