Excessive levels of noise / Racing Circuit Mont Tremblant
On March 24th, the Honourable Johanne Mainville of the Superior Court of Quebec granted in part the class action brought against the Circuit Mont-Tremblant racetrack (the “Circuit”) by the Association des residents de Mont-Tremblant pour la qualité de vie (the “Association” ).
Justice Mainville concluded that the Circuit is a nuisance as concerns the “special activities” (i.e. activities to which no noise limit applies pursuant to the municipal by-law) that generate noise louder than 55 decibels (with a 3 decibel tolerance) – in other words, all of these activities. According to the criteria set by Justice Mainville, up to 300 residences may be exposed to these noise levels – assuming 2 persons on average per residence, this represents potentially 600 residents who may be compensated. She also found, however, that the Circuit’s “ordinary” activities (i.e. those involving vehicles equipped with mufflers) did not create a nuisance. You can read Justice Mainville’s decision here : judgment.
Despite not having won on every aspect of its claim, the Association is very encouraged by this major achievement which follows lengthy efforts to put an end to the nuisances caused by the Circuit. In the Association’s view, this decision may allow it to obtain a Court-ordered cessation of these nuisances if the Circuit’s “special activities” continue.
The Circuit may still appeal the judgment. The Association believes, however, that the findings made by Justice Mainville against the Circuit will be very difficult to challenge on appeal.
In May of 2012, the “Association des résidents de Mont Tremblant pour la qualité de vie” filed a motion for authorization to institute a class action against the corporations who operate the automobile racing track known as “Circuit Mont Tremblant”.
The claim alleges that the motor sports racing events held on the circuit cause excessive levels of noise, and constitute an abnormal neighbourhood annoyance within the meaning of article 976 of the Civil code of Quebec. It is further alleged that the corporations exploiting the circuit have breached class members’ rights to peaceful enjoyment of their property and to a healthy environment.
The claim seeks $2500 per member in compensatory damages per year of residence since May 2009, as well as $5000 per member in punitive damages as a result of the defendants’ breach of the Quebec Charter of Rights and Freedoms.
Are you a class member?
On October 28th 2013, the Honorable Claudine Roy of the Quebec Superior Court granted the Association authorization to institute a class action against the defendants, and appointed it as representative of the following class of persons
All physical persons, be they property owners or tenants, who reside or have resided at some time in the city of Mont-Tremblant since May 2009, at a distance of less than three (3) kilometres from the limits of the race track located in the city of Mont-Tremblant known and designated as “Circuit Mont-Tremblant”.
For a visual representation of the zone covered by the class action, you can consult the map that was prepared by the Association’s experts, Vinacoustik inc.
If you think you are class member and want to receive information on the file, you can sign up to our mailing list by signing this form.
For more information on how you become a member of a class action, see our section entitled “ What is a class action ? ”