Class action victory for citizens vs. Circuit Mont-Tremblant

©Tremblant Express

The members of the class action suit against Circuit Mont-Tremblant win a victory in Quebec’s Superior Court. Here’s an English version of the report.

“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:

  1. i) $750 / person / year if the person arrived before August 1964;
  2. 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.

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.

At 111 pages, it is lengthy decision, but here’s a summary.

 

11 Comments

  • Bruno Reply

    March 31, 2020 at 5:44 pm

    Congratulations for your continued effort for bringing down one of our last racetrack in Quebec. Where young men and women, as well as older ones, can truely enjoy their passion for racing, speeding and enjoying the mechanical wonders that we own OUT of the STREETS.
    Congratulations for allowing residential projects to build around a racetrack that have been there for 52 years.
    Congratulations for allowing selfish people that bought a property near a racetrack, Knowing its existence and activity, to win a battle for their very own tranquility instead of leaving us, racing fans all over Canada, one of the few places we have left to safely enjoy our way of life. Mont-Tremblant isn’t just a noisy racetrack, it is a monument, an historic motorsport hubs for fans and drivers of all generations. It is a sacred bit of land and a that will never be replaced.

    How many resident fighting against the track are owners of their land for more than 52 years ?

  • Ted Nesbitt Reply

    March 31, 2020 at 5:50 pm

    55 decibels?
    I guess none of them ever cut their lawn eh?—a lawnmower is 90 decibels.
    Rainfall is 50 decibels.
    Wow….just wow…..

  • Scott Rhea Reply

    March 31, 2020 at 5:57 pm

    Booo… you knew the track was there when you moved there.

  • Michel Reply

    March 31, 2020 at 6:03 pm

    – Man builds racetrack in 1964, far away from people
    – People build and move close to race track.
    – City Allows this.
    – People complain about the noise from said race track
    – Race track owner forced to pay compensation to plaintifs

  • neil Reply

    March 31, 2020 at 6:33 pm

    sad indeed…would apply that law to ANY noise above 55db.s includes you brats screaming and load music..

  • Olivier Sylvestre Reply

    March 31, 2020 at 6:40 pm

    Completly stupid !!!
    The track was there in 1964 !
    Everyone who moved there after that, have absolutely no right to complaint !

  • Steve Brown Reply

    March 31, 2020 at 6:56 pm

    The track was there long before people moved into the area. Sam as locals complaining about Dorval airport noise. You knew or should have known from your due diligence that there might be issues in the area.
    I bet that gas station in town who sells 94 octane doesn’t mind the track!

  • Will Reply

    March 31, 2020 at 7:51 pm

    This decision is backwards.

    The race track has been there since 1964. If you don’t like the noise, don’t but a house next to the race track.

    Simple, no?

  • Karin Reply

    April 1, 2020 at 12:31 pm

    i wish the issues had been resolved without it having to go to a class action.

  • Miles Reply

    April 1, 2020 at 2:57 pm

    A tragedy for me and so many friends who specifically bought in the area BECAUSE the track existed. This will be a huge blow to the local economy of Mont-tremblant. A totally unjust ruling as the track has existed for many decades.

  • Hella Reply

    April 1, 2020 at 3:02 pm

    I wish people hadn’t moved near a race track then complained about race track noise.

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