Class Action Concerning the Excessive Noise Caused by Seaplanes at Lac-à-la-Tortue
Class action description
The class action seeks to:
– prohibit seaplane commercial tourism flights and pilot training on and from Lac-à-la-Tortue, as long as appropriate measures are not taken to reduce the noise to a reasonable level that does not infringe on the rights of members;
– obtain compensatory damages for the loss of enjoyment of their property as well as annoyances and disturbances they have suffered and continue to suffer because of the activities of Aviation Mauricie and Bel-Air Aviation.
All persons residing or having resided, on a full or part time basis, at 200 meters or less of the high water line of Lac-à-la-Tortue, after June 21, 2008.
If you think you are part of this group, we invite you to submit your information and comments in order for us to generate a directory of members. We are inviting you to visit our website on a regular basis in order to be updated on the current case.
June 21, 2011: Motion for authorization to institute a class action;
August 28, 2012: Judgement for authorization;
February 25, 2013: Motion to institute proceedings;
December 16, 2013: Motion for redefinition of the group;
August 15, 2014: Judgement on the motion for redefinition of the group;
August 27, 2014: Motion for leave to appeal;
September 22, 2014: Amended motion to institute proceedings;
September 25, 2014: Judgement from the Court of appeal refusing the appeal;
May 10, 2016: Settlement Agreement with Ville de Shawinigan;
June 21th, 2016: Hearing for approval of Settlement with Ville de Shawinigan;
July 29th, 2016: Judgment approving the Settlement Agreement with Ville de Shawinigan;
August 18, 2016: Defence of Bel-Air Laurentien Aviation;
July 17, 2017: Modifies defence of Bel-Air Laurentien Aviation;
February 20, 2018: Modified Originating application;
March 23, 2018: Modifies defence of Bel-Air Laurentien Aviation;
March 26, 2018: Beginning of five weeks of trial;
May 20, 2018: Modified Originating application;
June 6, 2018: Notice to membres;
June 26, 2018: Beginning of oral arguments;
February 28, 2019: Judgment on the merits rendered by the Superior court;
April 2, 2019: Notice of appeal;
April 12, 2019: Application for approval of fees;
May 24, 2019: Application for approval of fees;
May 24, 2019: Notice to Members for Approval of fees.
December 5, 2019: Filing of the factum by Appellant Coalition contre le bruit
April 6, 2020: Filing of the factum by Respondent Bel Air Laurentien Aviation inc.
June 5, 2020: Filing of the factum by Impleaded parties Procureure Générale du Québec and Procureur Général du Canada
January 11, 2022: Reasons for judgment delivered on January 11, 2022
January 17, 2022: Judgment