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ARTICLE · 18 JULY 2011

Class Action Certified For Highway Noise

Siskinds LLP
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The Québec Court of Appeal has certified the Carrier class action by neighbours of a major Québec freeway, the Laurentian Highway (Highway 73) north of Québec City.

CanadaEmployment and HR
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How much noise must neighbours of a highway put up with?

The Québec Court of Appeal has certified the Carrier class action by neighbours of a major Québec freeway, the Laurentian Highway (Highway 73) north of Québec City. The neighbours have been complaining about noise from the highway since 1985, which (they say) interferes with outdoor use of their properties and requires them to keep their windows closed at all times. Even with the windows closed, their sleep is disturbed and they must endure noise "comparable to an intense bombardment".

In 1985, the Ministry of Transport agreed to pay half the cost of a noise protection barrier if the municipality paid the other half; the barrier was never built. A study concluded that 10% of the homes received more than 65 dB of noise; 42% received more than 55 dB.

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