The Supreme Court of Canada on Thursday refused to hear a class action lawsuit brought by residents of Avenue Trudelle in Charlesbourg, some of whom have been fighting since the 1980s for a noise barrier to be built to block the sound of the highway Laurentian.
If the wall was indeed completed in 2018, the class action against the Quebec Ministry of Transport also claimed damages of up to $ 5,000 per year and per resident as of 2006: nearly $ 10 million, recalls the Journal de Quebec. This is what the applicants were denied.
“We did not lose everything, we must not forget that we still had the wall, it was done. It still means that something was wrong ”, indicates Real Maltese in the Journal de Québec. The resident of avenue Trudelle is part of the group of 200 residents and 70 residences behind the collective action.
The lawyer on file, Me Michel C. Chabot, believed to make jurisprudence. “A political decision cannot set aside the Environmental Quality Act to which the government has submitted”, pleaded the lawyer in court.
He will have to be satisfied with a half-victory. After all, the wall was indeed built at a cost of around $ 12 million, and the trial judge admitted “that the noise is unacceptable”.
“In the name of political immunity, we ‘discarded’ three laws: the Civil Code, the Environmental Quality Act and the Quebec Charter,” said the lawyer after the decision. “The king can do no wrong. “