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.
For more information on this class action, click here: class action website.
