Neighborhood Disturbances Caused By A Wind Farm

In its recent decision in Rivard v. Eoliennes de l'Erable inc., the Superior Court of Quebec authorized a class action by landowners for alleged abnormal neighborhood disturbances in relation to the construction and exploitation of a wind farm.

Of particular interest is the Court's application of two of the four criteria for authorization:

• the facts alleged seem to justify the conclusions sought (art. 1003b) of the Code of Civil Procedure (CCP)); and
• the composition of the class makes the application of article 59 (mandate) or 67 (joinder of suits) difficult or impracticable (art. 1003c) CCP).

Article 1003b) CCP – Sufficiency of factual allegations

The respondent argued that the factual allegations were insufficient to justify the conclusions sought.