Class action victory for citizens vs. Circuit Mont-Tremblant
March 31, 2020
by Tremblant Express
“We won! Not on every aspect, but on the essential ones, and in a thorough and balanced decision that will be very hard to contest on appeal,” reports law firm Trudel Johnston & Lespérance (TJL).
TJL continues its report as follows.
– The racetrack is a nuisance as concerns the “special activities” and “test days” (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, approximately 300 residences are exposed to these noise levels – assuming two persons on average per residence, this represents potentially 600 residents who will be compensated.
– The amount of compensation varies depending on the moment at which a resident arrived, to take into account their prior knowledge of the noise issue:
- i) $750 / person / year if the person arrived before August 1964;
- ii) $675 / person / year if the person arrived after August 1964 but before July 2001;
iii) $300 / person / year if the person arrived between July 2001 and December 2006; and iv) $150 / person/ year if the person arrived after December 2006 – with interest in all cases.
According to our preliminary calculations, the value of the award could reach $3 million, without counting interest.
What hurts the racetrack most is obviously the finding that “special activities” and “test days” constitute a nuisance. We will thus probably be able to obtain an injunction, i.e. Court-ordered measures to end the nuisances related to these activities, if they continue.
We may also potentially be able to use the 55-decibel threshold to request an injunction regarding the “ordinary” (i.e. cars with mufflers) activities that create noise surpassing this threshold.
We feel the decision is balanced and will hold up on the appeal that will surely come from the racetrack. After a more detailed analysis of the decision we will be happy to answer your questions individually.
We hope that you and your loved ones are healthy and in good spirits, and hope that reading this historic decision will help you pass the time.
Here is a hyperlink that will allow you to access the decision rendered on March 24 by Justice Mainville of Quebec’s superior court: Tremblant Jugement.
Today is was announced that Mt Tremblant will appeal this decision.