Excessive levels of noise / Circuit Mont-Tremblant
Latest news
The Association des résidents de Mont-Tremblant pour la qualité de vie (the “Association”) announces that it has concluded a settlement agreement with the former and current owners of Circuit Mont-Tremblant. The Superior Court has approved an official notice informing class members of the terms of this agreement, as well as their rights in relation to this agreement: notice to members. You can also consult the full text of the proposed settlement agreement here: judgement. The agreement must be approved by the Superior Court in order to apply to class members.
Under this agreement, members of the first class action who resided in the “nearby zone” (zone rapprochée) designated by the judgement 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.
Please consult the official notice for complete information on the proposed settlement.
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.
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.
Justice Mainville also made the following declaration:
DECLARES that the present judgment applies to all natural persons who reside or have resided, between May 11, 2009, and October 31, 2018, in the City of Mont-Tremblant, within three (3) kilometres of the boundaries of the racetrack located in the City of Mont-Tremblant, known and designated as “Circuit Mont-Tremblant.”
The class covered by the second class action is described as follows:
All natural persons who reside or have resided, at any time on or after April 20, 2019, within three kilometres of the boundaries of Circuit Mont-Tremblant and who have been exposed to an average hourly noise generated by the Circuit of more than 55 dB(A) LAeq 1h at the receptor point, with deviations up to 58 dB(A).
For more information on how you become a member of a class action, see our section entitled “What are class actions?”.