The Quebec Court of Appeals has delivered its verdict: it supports the first instance decision and refuses to recognize the legitimacy of the class action lawsuit in the case of red dust and air pollutants in central Quebec’s counties.
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In a decision released Monday, the Justice Department announced that it had ruled against the Port of Quebec’s Citizen Vigilance Initiative, which is seeking compensation from the Quebec Port Authority and the Quebec Stevedoring Company.
The citizens’ initiative demanded compensation of 1,000 US dollars per year and affected citizen from the two organizations for the period from 2010 to the present.
missing link
Judges Guy Gagnon, Frédéric Bachand and Michel Beaupré supported their colleague Jacques G. Bouchard’s original March 2020 decision to deny the commencement of a class action lawsuit.
“The judge’s conclusion that the applicants failed to establish a sufficient causal link between their allegations against the defendants and the alleged damages stands,” the appeals court’s conclusions read.
Another issue was raised by the trio of judges. According to them, the expert reports submitted by the plaintiffs were properly heard by Judge Bouchard, contrary to the allegations made by the plaintiffs and their counsel.
“Moreover, they are supported by the expert evidence provided by respondents [le juge Jacques G. Bouchard] chose to believe. That conclusion alone is enough to seal the fate of this vocation,” it says.
The group, led by complainants Véronique Lalande and Louis Duchesne, was heard in September 2022 when they asked for the original decision to be overturned. They tried unsuccessfully to prove that the judge had misanalyzed the evidence.
Ms Lalande was contacted by Le Journal on Monday evening and declined to make any personal comments. She reiterates that the lawyers and members of the citizens’ initiative want to know the verdict before they officially react.