The citizens of Laterrière, angered by the noise, smell and coming and going of heavy vehicles involved in the activities of Gazon Savard, turned to the courts in the hope of regaining their quality of life. A class action lawsuit for neighborhood nuisance was recently filed in Superior Court against the company and its majority transportation subsidiary.
This approach comes a year after the group of residents sent a formal notice to the industrialist to stop its harmful operations.
The couple of plaintiffs, Annie Truchon and Michel Lépine, want to get permission to represent the citizens who live in approximately 700 residences located near the company’s sites as part of this legal procedure.
Annie Truchon and her husband Michel Lépine filed a class action lawsuit against Gazon Savard.
The activities have grown every year and it has really exceeded our tolerance threshold. We made several complaints to the Ministry of the Environment, the City of Saguenay and Gazon Savard, but that did not change. It’s getting worse
said Annie Truchon.
The firm BGA Avocats, which specializes in class action, agreed to represent the citizens. For us, the evidence is overwhelming. What struck me was the owner’s lack of will. There is no collaboration to minimize harm and inconvenience
lined up attorney David Bourgoin.
I invite people to contact us, those who feel concerned about the problem
added the prosecutor.
The sector targeted by the request for authorization of collective action for neighborhood disturbance consists of approximately thirty streets. The quadrilateral stretches between the Chicoutimi River, Saint-Paul Road, Talbot Boulevard and Route 170 in Saguenay.
Nearly 20 lots and buildings of Gazon Savard and its transportation subsidiary are located in this area. Various operations take place, including crushing and composting of organic matter, sludge, septic tanks and green waste.
Everyday troubles
Neighbors alleged that the heavy vehicular traffic seven days a week causes recurring disturbances such as noise, vibration and dust. They also lamented the presence of nauseating smells coming from the outdoor installations of Gazon Savard as well as the pollution around them.
We are really tired of all this.
Their lawyer believes that the behavior of Gazon Savard violated the right of residents to peacefully enjoy their property and their life in general, as stipulated in the Charter of Human Rights and Freedoms.
We do not have to tolerate or allow what is abnormal
, explained David Bourgoin. The latter must also prove to the judge that the inconveniences experienced by the residents of the area exceed the normal tolerance threshold of the neighborhood in order for him to authorize the class action.
The company’s neighbors are demanding compensation for the damages suffered. The amount must be determined by the court based on various parameters, including proximity and the problems experienced by the residents.
This fee can amount to several thousand dollars per person. If it lasts over time, 4-5-6 years, if it’s $5,000 or $10,000 per year, it will be multiplied by 4-5-6 years per residence or per resident.
illustrated by David Bourgoin.
We will provide proof to increase compensation where citizens are entitled, but we rely on the court’s decision.
the lawyer recalled.
In a document filed with the court, the citizens recalled that a legal action was recently filed by the City of Saguenay against Gazon Savard. They also pointed out that several notices, infringement notices and formal notices have been sent to the company for non-compliance with the regulations in force.
Gazon Savard prosecutors assured that they are aware of this procedure against their client, but did not want to comment.
