Class action against the Ministry of Transport and Sustainable Mobility of Quebec

On July 8, 2025, our firm filed an Application for Authorization to Institute a Class Action against the Ministry of Transport and Sustainable Mobility of Quebec (hereinafter “the Ministry”) in relation to the noise disturbances caused by the installation of industrial fans as part of the refurbishment work on the Louis-Hippolyte-Lafontaine Tunnel. This application seeks compensation for all residents of the Mercier-Est neighborhood who have experienced a significant loss in quality of life and peaceful enjoyment of their homes.

Our client’s story

Our client has resided for several years in the Mercier-Est neighborhood of Montreal, near the Louis-Hippolyte-Lafontaine Tunnel.

Since 2020, she has been exposed to significant noise disturbances resulting from the tunnel refurbishment work overseen by the Ministry, including noise generated by construction equipment.

In the spring of 2025, as part of the north tube refurbishment phase, the Ministry installed high-powered industrial fans at the intersection of Curatteau Street and Notre-Dame East Street, only a few steps from our client’s residence.

These fans, intended to maintain air quality on the worksite, emit a loud, shrill, and continuous noise day and night, comparable to the sound of a jet engine. In fact, since they were activated, noise levels in the area have regularly reached 83 decibels.

Due to this constant noise nuisance, our client is deprived of restorative sleep and can no longer spend time outside her home, which significantly affects her quality of life. She now tries to minimize her outdoor movements and remains confined indoors, where the noise can still be clearly heard.

The proposed class action

In accordance with the general obligations of neighborhood tolerance and the principles of extra-contractual liability set out in the Civil Code of Quebec, no one may cause abnormal disturbances that exceed the normal inconveniences of neighborhood life.

By installing industrial fans in close proximity to a densely populated residential area, despite having previously used an alternative location on Île Charron, the Ministry has failed to meet its obligations of diligence, prudence, and respect for its neighbors.

The noise disturbances generated by these fans have also prompted numerous complaints, in response to which the Ministry acknowledged that noise levels exceeded legal limits, particularly during the night of June 5, 2025.

Although the Ministry attempted to mitigate the noise by erecting a sound barrier made of shipping containers, this measure proved ineffective.

As a result of this situation, our client, along with all residents living within the defined perimeter of the Mercier-Est neighborhood, suffers from serious intrusions on their peace, well-being, and enjoyment of their homes.

The proposed class action brought by our firm argues that these abnormal and prolonged noise disturbances constitute a wrongful act giving rise to the civil liability of the Ministry.

We estimate that several hundred, if not thousands, of residents have been affected by this situation.

Accordingly, we are seeking compensatory damages on behalf of our client and all members of the Group for the loss of enjoyment of their residences.

The proposed class

This class action concerns all natural persons who reside or have resided, as of May 1, 2025, within the area bounded on the west by Curatteau Street, on the east by Saint-Donat Street, on the north by Dubuisson Avenue, and on the south by Notre-Dame East Street.

Applications lodged with the Court

Application for authorization to bring a class action

Current status of the file

Awaiting authorization by a judge of the Superior Court.

How to be part of the class action

If you fall within the definition of the class covered by this class action, you are automatically part of the class action.