The city of Brossard, a suburb of Montreal, has been ordered to pay thousands of dollars to about 300 residents who say they have suffered from unacceptable levels of traffic noise for years.
The residents who filed the class action lawsuit a decade ago live on a stretch of Chemin des Prairies where traffic has steadily increased over the years as the community has grown.
The neighborhood was once largely agricultural, but today Chemin des Prairies is connected to a major boulevard and a large shopping center, and 10,000 vehicles travel there each day, Quebec Superior Court Justice Dominique Poulin wrote in his Oct. 10 decision.
The court heard from eleven credible, sincere, persuasive and discouraged residents who have been greatly affected by traffic which they consider to be excessive and which is causing them inconvenience which, in the eyes of the court, goes beyond the normal inconvenience by its severity and frequency “I have to suffer if I live along the route,” said Judge Poulin, commenting on her verdict.
Residents had no peace from the noise and many had to soundproof their homes because of traffic, she added.
They couldn’t open their windows, the judge wrote. They are disturbed by noise outside their home and cannot have normal conversations outside their home. Even though some people still enjoy their yards and gardens, they complain that the noise disturbs their peace.
The City of Brossard claimed that it developed the neighborhood in accordance with the law and, despite the fact that it was not responsible for reducing traffic on the street, took measures to reduce volume, noise and vehicle speed.
Immunity from prosecution
Brossard also argued that she had immunity from the lawsuit because the decisions were political in nature, Dominique Poulin wrote.
Although fundamental policy decisions by elected leaders that require value judgments are covered by immunity if they are made in good faith and not irrationally, immunity does not apply to the implementation and implementation of those policies. Furthermore, the judge ruled that the traffic volume on the road was not the result of a conscious political decision.
Residents said they chose to move to Des Prairies Road because it was in a quiet, historic neighborhood, but that changed as the city grew.
During a consultation on the development of the district in 1999, Brossard said that they intended to protect the historic character of the section and would take measures to restrict traffic on the section. However, in 2013, Brossard admitted that this never happened.
Another public consultation was held in 2013, but residents said the city’s plans had not met their expectations and launched a class action lawsuit.
Judge Poulin found that the city was responsible for the excessive noise. Residents who have lived in the neighborhood since December 31, 2009, when the judge found the situation had worsened, are entitled to $2,000 for each year they lived on the neighborhood since February 12, 2013 lived on the street. The class action lawsuit includes everyone who lived on the street that day.
Those who moved to the area after December 31, 2009 and knew residents were concerned about the traffic problem will receive $500 for each year they have lived there since February 12, 2013.
Even if the members of this group could not expect that this section would remain a low-traffic highway, they could reasonably have hoped that progress and urban development would not cause them such inconvenience, the judge ruled, adding that they were impressed by its quality could not expect life to deteriorate to this extent.
However, Judge Poulin does not believe that the city was at fault – and therefore rejects the citizens’ request for exemplary damages. She also declined to order the city to divide the neighborhood into two cul-de-sacs, as residents had demanded.
Brossard City spokeswoman Colette Ouellet said the city has appealed the decision but declined further comment.