Case information
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35575
Jim Iredale v. Courses automobiles Mont-Tremblant inc., et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-02-09 | Close file on Leave | |
| 2015-02-09 | Certificate of taxation issued to, Caroline Plante | |
| 2015-02-09 | Decision on the bill of costs, in the amount of $3,767.51, DeRg | |
| 2015-02-09 | Submission of the bill of costs, DeRg | |
| 2014-07-14 | Bill of costs, (amended bill of costs filed on September 29, 2014), Completed on: 2014-07-14 | Courses automobiles Mont-Tremblant inc. |
| 2014-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-04 | Judgment on leave sent to the parties | |
| 2014-04-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-021526-116 and 500-09-021529-110, 2013 QCCA 1348, dated August 9, 2013, is dismissed with costs to the respondents. Dismissed, with costs |
|
| 2014-03-10 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-11-06 | Respondent's response on the application for leave to appeal, (Book Form), Joint, 2 volumes, service to come (rec'd 2013-11-12), Completed on: 2013-11-12 | Courses automobiles Mont-Tremblant inc. |
| 2013-11-06 | Respondent's response on the application for leave to appeal, (Book Form), service missing (rec'd 2013-11-12), Completed on: 2013-11-12 | Town of Mont Tremblant |
| 2013-10-31 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2013-10-31 | Attorney General of Québec |
| 2013-10-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-10-07 | Application for leave to appeal, (Book Form), Volumes 1-3, service to come (rec'd 2013-10-08), Completed on: 2013-10-10 | Jim Iredale |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Iredale, Jim | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Courses automobiles Mont-Tremblant inc. | Respondent | Active |
| Circuit Mont-Tremblant inc. | Respondent | Active |
| Événements 2002 - Circuit Mont-Tremblant inc. | Respondent | Active |
| Circuit Mont Tremblant, limited partnership, acting by its general partner Gestion Circuit Mont Tremblant inc., | Respondent | Active |
| Town of Mont Tremblant | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Iredale, Jim
Counsel
Me Marie France Tozzi
Me Jean-François Towner
1401, avenue McGill College
Montréal, Quebec
H3A 1Z4
Telephone: (514) 907-6180
FAX: (514) 840-9040
Email: jj@jeansonnelaw.ca
Party: Courses automobiles Mont-Tremblant inc.
Counsel
Me Caroline Plante
Me Isabelle Mericer-Dalphond
Me Patrick Girard
1155 Boul René-Lévesque
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3078
FAX: (514) 397-3578
Email: lpbelanger@stikeman.com
Party: Circuit Mont-Tremblant inc.
Counsel
Me Mathieu Renaud
Tour de la Bourse
43e étage, 800 Place Victoria
Montréal, Quebec
H4Z 1H1
Telephone: (514) 866-6743
FAX: (514) 866-8854
Email: AChevrier@duntonrainville.com
Party: Événements 2002 - Circuit Mont-Tremblant inc.
Counsel
Me Mathieu Renaud
Tour de la Bourse
43e étage, 800 Place Victoria
Montréal, Quebec
H4Z 1H1
Telephone: (514) 866-6743
FAX: (514) 866-8854
Email: AChevrier@duntonrainville.com
Party: Circuit Mont Tremblant, limited partnership, acting by its general partner Gestion Circuit Mont Tremblant inc.,
Counsel
Me Caroline Plante
Me Isabelle Mericer-Dalphond
Me Patrick Girard
1155 Boul René-Lévesque
Bureau 4000
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3078
FAX: (514) 397-3578
Email: lpbelanger@stikeman.com
Party: Town of Mont Tremblant
Counsel
Me Adina-Cristina Georgescu
1155, boul. René-Lévesque Ouest
31e étage
Montréal, Quebec
H3B 3S6
Telephone: (514) 875-5210
FAX: (514) 875-4308
Email: lgratton@millerthomsonpouliot.com
Party: Attorney General of Québec
Counsel
Me Stéphanie Garon
Direction générales des affaires juridiques et législatives
Bureau 8.00, 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51464
FAX: (514) 873-7074
Email: marie-andree.thomas@justice.gouv.gc.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Municipal law — Nuisance — Administrative law — Standard of review — Validity of by-law — Successive variations in municipal control of noise coming from automobile racetrack — Restrictions in force considered inadequate by citizens who had purchased their property at time when closure of track was thought to be definite — Whether by law in force unreasonable — Whether by-law in force contrary to Quebec legislation — Environment Quality Act, R.S.Q. c. Q-2, s. 20 — Municipal Powers Act, R.S.Q. c. C 47.1, ss. 3, 4 — Mont-Tremblant by-law (2003)-53, as amended by by laws (2006)-53-2 and (2009)-53-3.
Since 1990, Mr. Iredale had lived a few hundred metres from the racetrack operated by the four respondent companies in Mont-Tremblant. The track had existed since 1964 without ever violating successive zoning by-laws. Its owner announced that it would close in 1987, which led to rezoning without any apparent need for a buffer zone, but the track was sold and activities went back into full swing. After a number of changes, the town adopted sound nuisance standards in 2006. Although the standards imposed limits, 36 days of unrestricted races per year were allowed.
Lower court rulings
Superior Court of Quebec
2011 QCCS 760, 500-17-035519-076
Applicant’s action in nullity allowed in part; various provisions of impugned by law declared invalid
Court of Appeal of Quebec (Montréal)
2013 QCCA 1348, 500-09-021526-116, 500-09-021529-110
Appeal allowed; applicant’s action dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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