Case information
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40421
Jean Rivard, et al. v. Éoliennes de l'Érable S.E.C.
(Quebec) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-02-21 | Close file on Leave | |
| 2024-02-21 | Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation | |
| 2024-02-20 | Certificate of taxation issued to, Me Yves Martineau | |
| 2024-02-20 | Decision on the bill of costs, in the amount of $1,369.83, Reg | |
| 2024-02-20 | Submission of the bill of costs, Reg | |
| 2023-10-24 | Bill of costs, Completed on: 2024-02-21 | Éoliennes de l'Érable S.E.C. |
| 2023-05-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-04 | Judgment on leave sent to the parties | |
| 2023-05-04 |
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 (Québec), Number 200-09-010235-205, 2022 QCCA 982, dated July 6, 2022, is dismissed with costs. Côté J. took no part in the judgment. Dismissed, with costs |
|
| 2023-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-04 | Certificate (on limitations to public access), 23B | Éoliennes de l'Érable S.E.C. |
| 2022-11-04 | Certificate (on limitations to public access), 23A | Éoliennes de l'Érable S.E.C. |
| 2022-11-04 | Notice of name | Éoliennes de l'Érable S.E.C. |
| 2022-11-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-22, (Printed version filed on 2022-11-08) | Éoliennes de l'Érable S.E.C. |
| 2022-10-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-10-31 | |
| 2022-09-29 | Certificate (on limitations to public access), 23B | Jean Rivard |
| 2022-09-29 | Certificate (on limitations to public access), 23A | Jean Rivard |
| 2022-09-29 |
Application for leave to appeal, (Book Form), (5 volumes), Full application Vol 2 & Vol 3 (Sealed / Redacted versions) , Completed on: 2022-09-29, (Printed version filed on 2022-09-29) |
Jean Rivard |
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 |
|---|---|---|
| Rivard, Jean | Applicant | Active |
| Bourque, Yvon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Éoliennes de l'Érable S.E.C. | Respondent | Active |
Counsel
Party: Rivard, Jean
Counsel
Benoit Marion
Myriam Donato
67, rue Sainte-Ursule
Québec, Quebec
G1R 4E7
Telephone: (418) 692-5137
FAX: (418) 692-5695
Email: dbourgoin@bga-law.com
Party: Bourque, Yvon
Counsel
Benoit Marion
Myriam Donato
67, rue Sainte-Ursule
Québec, Quebec
G1R 4E7
Telephone: (418) 692-5137
FAX: (418) 692-5695
Email: dbourgoin@bga-law.com
Party: Éoliennes de l'Érable S.E.C.
Counsel
Pierre-Paul Daunais
Maéva Robert
41e Étage
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Summary
Keywords
Civil liability — Damages — Neighbourhood disturbances — Class action — Claim for damages for neighbourhood disturbances caused by construction and operation of wind farm — Whether Court of Appeal had before it all evidence needed to determine whether trial judge had ruled on probative value of affidavits, daily observation charts of several members, and applicants’ photographic and video evidence — Whether trial judge could include applicants’ opponent status in her framework for analyzing neighbourhood disturbances — Whether affidavits, questions and answers, and testimony of affiants who were class members had to be excluded from evidence — Civil Code of Québec, art. 976.
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.
(SEALING ORDER)
Through a class action, the applicants, on behalf of the residents, occupants and owners of immovables in the municipalities of Saint-Ferdinand, Sainte-Sophie-d’Halifax and Saint-Pierre-Baptiste, claimed damages from the respondent for neighbourhood disturbances caused by the construction and operation of a wind farm owned by the respondent. The Quebec Superior Court found that the respondent had not caused neighbourhood disturbances and dismissed the class action. The applicants’ appeal was dismissed by the Quebec Court of Appeal because several essential pieces of evidence needed to decide the issues were not in the record. The court also found that the applicants’ application to exclude the affidavits filed by the respondent was clearly late.
Lower court rulings
Superior Court of Quebec
2020 QCCS 601, 415-06-000002-128
Class action dismissed
Court of Appeal of Quebec (Québec)
200-09-010235-205, 2022 QCCA 982
Appeal 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
Not available
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
Not available