A Closer Look At The Current State Of Quebec's Nuisance Law

It has been nearly a decade since the Supreme Court of Canada rendered a landmark decision in Ciment du Saint-Laurent inc. v. Barrette, regarding Quebec's regime for neighbourhood disturbances. With this judgment, the Supreme Court clarified the nature of article 976 of the Civil Code of Quebec by confirming that it establishes a strict liability regime that focuses on harm suffered rather than on the conduct of the defendant.

What are the legal developments on this topic since that decision? How has it impacted the type of judicial claims brought forward, the evidence presented and the remedies granted?

David E. Roberge, Litigation Partner at McCarthy Tétrault's Montréal office, tackles these questions and more in his most recent publication: Nuisance Law in Quebec (article 976 C.C.Q.): 10 years after Ciment du Saint-Laurent, where do we stand? This article contains valuable information on the following: