Excessive levels of noise / Racing Circuit Mont Tremblant
On April 27, 2022, the Association des résidents de Mont-Tremblant pour la qualité de vie and Ms. Camille Brasseur filed a new application for authorization to institute a class action against the companies that operate the “Circuit Mont-Tremblant”.
They are seeking compensation for the residents who continue to suffer disturbances as a result of the defendants’ actions, despite the judgment of Justice Mainville rendered during the Spring of 2020, as well as a permanent injunction to put a definitive stop to the nuisances caused by the Circuit. You can consult this new application by clicking here (French only).
Furthermore, the Quebec Court of Appeal dismissed the defendants’ appeal on May 20, 2022 and confirmed the trial judgment rendered by the Honourable Johanne Mainville of the Superior Court on March 24, 2020 concluding that there is a nuisance when the Circuit generates noise in excess of 55 dBA (with permitted variations up to 58 dBA).
On March 24, 2020, the Honourable Johanne Mainville of the Superior Court of Quebec allowed in part the class action brought against the Circuit Mont-Tremblant (the “Circuit”) by the Association des résidents de Mont-Tremblant pour la qualité de vie (the “Association”).
Justice Mainville found that the Circuit creates a neighbourhood annoyance regarding “special activities” (i.e. activities to which no noise limit applies under the municipal by-law) that generate noise in excess of 55 decibels, with a tolerance of 3 decibels – in other words, all such activities. Based on Justice Mainville’s criteria, up to 300 residences could be exposed to these levels – with an average of 2 people per residence, that’s 600 people potentially compensated. However, she concluded that “ordinary” activities (i.e. involving cars with mufflers) did not create a neighbourhood annoyance. You can consult Justice Mainville’s judgment here: judgment.
Although the Association did not prevail in all aspects of the case, it is very encouraged by this major victory in its long-standing efforts to stop the annoyance generated by the Circuit. The Association believes the ruling will potentially allow it to obtain a court order to stop the annoyance if the Circuit’s “special activities” continue.
On September 28, 2020, the Circuit appealed the Superior Court’s judgment ordering the Circuit to pay compensation to class members for the neighbourhood annoyances it generates. This appeal has been dismissed on May 20, 2022.
Are you a class member?
On March 24, 2020, Justice Mainville of the Superior Court defined the class as follows:
All natural persons who reside or have resided, between May 11, 2009 and October 31, 2018, in the Ville de Mont-Tremblant, within three kilometers of the boundaries of the race track located in the Ville de Mont-Tremblant, known and designated as “Circuit Mont-Tremblant and who are exposed to an average hourly noise of more than 55 dB(A) LAeq 1h at the receptor point with deviations of up to 58 dBA.”
The list of addresses included in the group description is available in Appendix 1 of the judgment, on pages 114 and 115. The Distant Zone referred to in item 2 on page 115 is not covered by the group definition.
For more information on how you become a member of a class action, see our section entitled “What are class actions?”.