A Closer Look at the Current State of Quebec’s Nuisance Law

It has been nearly a decade since the Supreme Court of Canada rendered a landmark decision in Ciment du Saint-Laurent inc. v. Barrette, regarding Quebec’s regime for neighbourhood disturbances. With this judgment, the Supreme Court clarified the nature of article 976 of the Civil Code of Quebec by confirming that it establishes a strict liability regime that focuses on harm suffered rather than on the conduct of the defendant.

What are the legal developments on this topic since that decision? How has it impacted the type of judicial claims brought forward, the evidence presented and the remedies granted?

David E. Roberge, Litigation Partner at McCarthy Tétrault’s Montréal office, tackles these questions and more in his most recent publication: Nuisance Law in Quebec (article 976 C.C.Q.): 10 years after Ciment du Saint-Laurent, where do we stand? This article contains valuable information on the following:

  1. Recent case law of the higher courts on the topic of nuisance law,
  2. Trends observed in neighbourhood disturbances claims decided in Quebec since 2008, and
  3. The characteristics of class actions on this issue.

This article is a must-read for businesses in Quebec looking to stay informed of trends about neighbourhood disturbance laws and related environmental claims, in order to ensure the conformity of their activities and reduce legal exposure. Read it here.

This article is reproduced with permission of the publisher from the Revue du Barreau - Tome 76 - 2017.