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ARTICLE · 25 JANUARY 2016

Traffic Nuisance: Certification For Class Action Dismissed By Superior Court Of Quebec

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The Superior Court of Quebec dismissed a motion to certify a class action based on allegations of nuisance and abnormal neighbourhood annoyances caused by increased traffic...

CanadaLitigation, Mediation & Arbitration
Adina-Cristina Georgescu
Adina-Cristina Georgescu
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On June 25, 2015, the Superior Court of Quebec, in a 92 page judgment, dismissed a motion to certify a class action brought against the City of Brossard and the City of Longueuil in Quebec based on allegations of nuisance and abnormal neighbourhood annoyances caused by increased traffic on Chemin des Prairies, located in the City of Brossard. The Superior Court judgment is currently being appealed to the Court of Appeal of Quebec.

The Petitioners' are residents of the City of Brossard and Chemin des Prairies. The action is based on a general civil liability claim and on the no-fault liability regime provided for in section 976 of the Civil Code of Quebec ("CCQ") for cases of abnormal neighbourhood annoyances.

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