Case information

Civil liability — No-fault liability scheme — Neighbourhood disturbance — Existence of abnormal and excessive annoyances — Noise pollution from motor vehicle traffic — Core policy immunity — Whether basis in common law would exclude municipal corporation from application of no-fault liability scheme where motor vehicle traffic on municipal road causes abnormal neighbourhood annoyances for residents within meaning of art. 976 C.C.Q. — To extent that art. 976 C.C.Q. applies against municipal corporation as regards neighbourhood disturbances generated by immovable property appropriated to public utility, whether trial judge erred in applying art. 976 C.C.Q. to facts of this case — Whether core policy immunity can be considered where no-fault liability scheme under art. 976 C.C.Q. is successfully invoked against municipal corporation — In alternative, whether trial judge’s decision on existence of abnormal neighbourhood annoyances within meaning of art. 976 C.C.Q. and quantum of damages should be upheld and, if so, whether operative part of judgment relating to compensation period should be varied — Civil Code of Québec, art. 976.

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This is a class action initiated by residents of the city of Brossard claiming compensation for the abnormal annoyances and prejudice suffered by them as a result of what they considered to be excessive traffic on a section of a road where they lived (under art. 976 of the Civil Code of Québec). The city of Brossard argued that the disturbances were normal because the road was classified as a main collector road. The city also maintained that, even if art. 976 C.C.Q. applied, it had core policy immunity.

The trial judge allowed the class action in part and awarded compensatory damages. She found that the disturbances were abnormal and that the city of Brossard did not have core policy immunity because the disturbances resulted from operational acts. However, she denied the request for an injunction and rejected the other heads of claim. The Court of Appeal allowed the appeal and dismissed the class action application. In its view, the trial judge had erred in finding that the no-fault liability scheme under art. 976 C.C.Q. applied given that the disturbances did not arise from the use of a right of ownership as such. The Court of Appeal also held that immunity applied because all of the city of Brossard’s conduct resulted from the exercise of a political power to manage its territory.