Judgment on the merits in the "red dust" case,
Lalande c. Compagnie d'arrimage de Québec
et al., 2019 QCCS 306 (CanLII) was rendered on February 5
last.
After carrying out a minute analysis of the evidence, Mr.
Justice Pierre Ouellet, J.C.S., subdivided the geographic
boundaries of the class action area into separate zones, and then
went on to determine whether the plaintiff had succeeded in
adducing sufficient proof of a common injury to the class members
to justify a collective, as opposed to a purely individual,
recovery of the compensation to be awarded.
Summary of the Facts
In October 2012, a reddish dust started appearing in a
residential neighbourhood in Québec City's Lower Town.
Some of the residents noticed the dust accumulating on their
balconies, vehicles and door and window frames. Following that
occurrence, a number of them proceeded to clean up their homes
and/or belongings. Some of them then started to worry about the
potential effects of the
