Case information
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41406
Éric Benoit, et al. v. CRH Canada Group 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) |
|---|---|---|
| 2025-01-31 | Close file on Leave | |
| 2025-01-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-30 | Judgment on leave sent to the parties | |
| 2025-01-30 |
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), Number 500-09-030117-220, 2024 QCCA 703, dated May 30, 2024, is dismissed with costs to the respondent Groupe CRH Canada inc. Dismissed, with costs |
|
| 2024-12-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-27 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-01) | CRH Canada Group Inc. |
| 2024-09-27 | Notice of name, (Printed version filed on 2024-10-01) | CRH Canada Group Inc. |
| 2024-09-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-27, (Printed version filed on 2024-10-01) | CRH Canada Group Inc. |
| 2024-09-27 | Notice of name, (Printed version filed on 2024-10-03) | Bau-Val inc. |
| 2024-09-27 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-03) | Bau-Val inc. |
| 2024-09-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-27, (Printed version filed on 2024-10-03) | Bau-Val inc. |
| 2024-08-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-08-29 | Book of authorities, (Book Form), Completed on: 2024-08-29 | Éric Benoit |
| 2024-08-29 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-08-29) | Éric Benoit |
| 2024-08-29 |
Application for leave to appeal, (Book Form), (2 volumes), 2 Volumes , Completed on: 2024-08-30, (Printed version filed on 2024-08-29) |
Éric Benoit |
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 |
|---|---|---|
| Benoit, Éric | Applicant | Active |
| Duff, Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| CRH Canada Group Inc. | Respondent | Active |
| Bau-Val inc. | Respondent | Active |
Counsel
Party: Benoit, Éric
Counsel
Bureau 300
200, avenue Laurier Ouest
Montréal, Quebec
H2T 2N8
Telephone: (438) 380-3288
Email: meg@gonthier-avocats.ca
Party: Duff, Richard
Counsel
Bureau 300
200, avenue Laurier Ouest
Montréal, Quebec
H2T 2N8
Telephone: (438) 380-3288
Email: meg@gonthier-avocats.ca
Party: CRH Canada Group Inc.
Counsel
Frédéric Forget
Marie-Michèle Piquette
480, rue Saint-Georges
Saint-Jérôme, Quebec
J7Z 5B3
Telephone: (514) 985-2929
FAX: (514) 985-0595
Email: robert.daigneault@daigneaultinc.com
Party: Bau-Val inc.
Counsel
Rémi Leprévost
1155 René-Lévesque Boulevard West
41st Floor
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3000
FAX: (514) 397-3222
Email: gboudreau-simard@stikeman.com
Summary
Keywords
Damages — No fault liability — Civil liability — Whether Court of Appeal committed errors in interpretation and application of art. 976 of Civil Code of Québec — Whether Court of Appeal erred in its analysis under art. 1457 C.C.Q. — Whether Court of Appeal erred in its assessment of damages to which applicants are entitled — Whether Court of Appeal erred in its assessment of punitive damages to which applicants are entitled — Civil Code of Québec, CQLR c. CCQ 1991, arts. 976 and 1457.
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.
The applicants live on a road that is also the only roadway that allows trucks to get their supplies from two neighbouring companies. Between 2014 and 2021, there was an increase in the commercial activities of those two companies, which contributed to an increase in heavy truck traffic and consequently dust, loud noise and vibrations. The applicants filed an application for an injunction and for damages.
The Superior Court dismissed the application for an injunction and allowed the application for compensatory damages in part, ordering one of the four defendants, that is, CRH, to pay $20,000 for the years 2016 and 2017 and $5,000 in punitive damages to each of the plaintiffs. The Quebec Court of Appeal allowed the appeal in part, ordering CRH to pay $25,000 in compensatory damages for each of the years 2016 and 2017, and $10,000 in punitive damages.
Lower court rulings
Originating application for permanent injunction, declaratory judgment, compensatory damages and punitive damages against CRH Canada Group allowed in part
Application against KPH, Ville de Varennes and Bau-Val dismissed
Appeal allowed in part, CRH Canada Group ordered to pay higher amounts of compensatory damages and punitive damages
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