Montreal suburb ordered to compensate residents for excessive traffic noise

The residents, who filed the class-action lawsuit a decade ago, live along a stretch of a road in the city of Brossard, where traffic has steadily increased over the years

A Montreal suburb has been ordered to pay thousands of dollars to around 300 residents who say they’ve suffered from years of unreasonable traffic noise.

The residents, who filed the class-action lawsuit a decade ago, live along a stretch of a road — chemin Des Prairies — in the city of Brossard, where traffic has steadily increased over the years as the community has grown.

The neighbourhood used to be largely farmland, but now chemin Des Prairies connects to a major boulevard and a large shopping mall, and 10,000 vehicles travel on it every day, Quebec Superior Court Justice Dominique Poulin wrote in her Oct. 10 decision.

“The court has heard 11 credible, sincere, convincing and disheartened residents who are significantly affected by the traffic, which they consider excessive … which causes them inconveniences that exceed, in the eyes of the court, by their severity and recurrence, the normal inconveniences they must endure as a result of living along the stretch,” Poulin wrote.

Residents had “no respite” from the noise and many had to soundproof their homes as a result of the traffic, she said.

“They can’t open their windows,” the judge wrote. “They are bothered by noise outside their homes and cannot have normal conversations when they are in front of their houses. Although some still enjoy their backyards and gardens, they complain that the noise is disturbing their peace and quiet.”

The City of Brossard argued that it had developed the district according to the law — and that despite the fact it had no responsibility to cut the amount of traffic on the road, it had taken steps to reduce the volume, noise and speed of vehicles.

Brossard also argued that it had immunity from the suit, because the decisions were political, Poulin wrote. While fundamental policy decisions made by elected leaders that require value judgments are covered by immunity if they are made in good faith and not irrational, she said the immunity doesn’t apply to the implementation and execution of those policies. Moreover, the judge found the amount of traffic on the street wasn’t the result of a deliberate policy decision.