Circuit Mont-Tremblant - Frequently asked questions
Is there a deadline by which I must claim?
Yes, you must claim by August 27, 2024.
You must also have provided documents in support of your claim by this date. These documents are: 1) ID and 2) proof of residence or a sworn statement.
What criteria must be met to be entitled to compensation?
You must have resided between 2009 and 2018 in the "nearby zone" of the Circuit Mont-Tremblant, which consists exclusively of the following streets, roads or segments:
-
- Rue Rabellino;
- Chemin de la Falaise;
- Rue Dicaire;
- Chemin du Village, for civic numbers 1988 to 2252, inclusively (between rue Sigouin and rue de l’Érablière);
- Rue Jasmin;
- Chemin Séguin;
- Chemin de la Volière;
- Rue du Vieux-Verger;
- Chemin des Entailles;
- Chemin de la Gouterelle;
- Chemin de l'Érablière;
- Chemin du Pain de Sucre;
- Chemin de la Sucrerie;
- Chemin des Ancêtres;
- Rue du Mont-Plaisant, for civic numbers from 193, inclusively;
- Rue Robert;
- Rue Lavigne;
- 185 Rue Sigouin (only);
- Chemin Claude-Lefebvre, for civic numbers from 193 inclusively;
- Rue Pinoteau, for civic numbers from 243, inclusively;
- Chemin des Eaux-Vives;
- Ernie-McCulloch Road;
- Allée Boréalis;
- Chemin du Village, for civic numbers 1069 to 1445, inclusively (between Montée Ryan and Rue Richer);
- Impasse des Trèfles;
- Chemin de la Pinède;
- Rue Richer;
- 232 Rue de la Perdrière (only);
- Chemin au Pied-du-Courant;
- Chemin du Pont-de-Fer;
- Rue Fortin;
- Chemin de l’Entre-Nous, for civic numbers from 180, inclusively;
- McDermott Street.
However, persons who have filed with the City of Mont-Tremblant the declaration described in article 23 of City’s Règlement (2008)-107 concernant les usages conditionnels are not entitled to compensation.
In addition, companies are not entitled to compensation under the settlement agreement.
What does the settlement agreement provide?
For people who lived in the nearby zone between 2009 and 2018, the settlement provides for a compensation based on the number of years they lived in the nearby zone between 2009 and 2018 and the date they moved in at that address. Class members are therefore not required to establish the level of noise to which they were exposed.
For people who lived in the nearby zone between 2019 and 2023, the settlement includes commitments by the new owners of the Circuit regarding future operations to reduce noise levels. These commitments are as follows:
- Forbidding the use of the Circuit by vehicles without silencers;
- Each season, there will be six weekends without any racing activity on the Circuit, and at least three of these will be between June 22 and Labour Day.
Will the situation improve and what commitments have the new owners of Circuit Mont-Tremblant made?
The new owners make the following commitments regarding future operations of the Circuit:
- Forbidding the use of the Circuit by vehicles without silencers;
- Each season, there will be six weekends without any racing activity on the Circuit, and at least three of these will be between June 22 and Labour Day.
Moreover, the judgment in the first class action set a threshold, measured in decibels, beyond which the noise emitted by the Circuit constitutes an abnormal neighbourhood disturbance under the Civil Code of Quebec.
Why are we talking about two class actions, and what are the differences between the two?
The settlement agreement puts an end to two class actions brought on behalf of all those who resided near the boundaries of Circuit Mont-Tremblant:
- The "first class action" covering the period between 2009 and 2018, in which Judge Mainville of the Superior Court granted the class action for residents of the nearby zone, i.e., these residents won the case;
- The "second class action" covering the period commencing on April 20, 2019, brought against the new owners and operators of the Circuit.
Why was there a settlement agreement in the first class action, given that the Superior Court upheld it in part?
Even after a ruling in favor of the residents of the nearby zone, several important questions remained. In particular, there was a debate between the parties as to who was eligible to receive compensation. In addition, the financial situation of the companies that formerly owned the Circuit limited the sums available.
The settlement agreement maximizes the sums available and the people who can benefit from them.
What is the “nearby zone” covered by the settlement agreement?
The nearby zone consists exclusively of the following streets, roads or segments:
-
- Rue Rabellino;
- Chemin de la Falaise;
- Rue Dicaire;
- Chemin du Village, for civic numbers 1988 to 2252, inclusively (between rue Sigouin and rue de l’Érablière);
- Rue Jasmin;
- Chemin Séguin;
- Chemin de la Volière;
- Rue du Vieux-Verger;
- Chemin des Entailles;
- Chemin de la Gouterelle;
- Chemin de l'Érablière;
- Chemin du Pain de Sucre;
- Chemin de la Sucrerie;
- Chemin des Ancêtres;
- Rue du Mont-Plaisant, for civic numbers from 193, inclusively;
- Rue Robert;
- Rue Lavigne;
- 185 Rue Sigouin (only);
- Chemin Claude-Lefebvre, for civic numbers from 193 inclusively;
- Rue Pinoteau, for civic numbers from 243, inclusively;
- Chemin des Eaux-Vives;
- Ernie-McCulloch Road;
- Allée Boréalis;
- Chemin du Village, for civic numbers 1069 to 1445, inclusively (between Montée Ryan and Rue Richer);
- Impasse des Trèfles;
- Chemin de la Pinède;
- Rue Richer;
- 232 Rue de la Perdrière (only);
- Chemin au Pied-du-Courant;
- Chemin du Pont-de-Fer;
- Rue Fortin;
- Chemin de l’Entre-Nous, for civic numbers from 180, inclusively;
- McDermott Street.
If you cannot find the street on which you used to live, you are not eligible for compensation under the class actions against Circuit Mont-Tremblant and will not be able to submit a claim.
Even if you live or lived at one of the addresses in the nearby zone, you must have lived there between 2009 and 2018 to qualify for compensation.
How can I obtain proof of residency as a homeowner?
You can make a request to the City of Mont-Tremblant to confirm your residency during the period covered by the class action.
There are two ways to do this:
- In person at the Town Hall reception desk; or
- By email to info@villedemont-tremblant.qc.ca.
You will need to provide the following information:
- Your full name;
- Whether you are an owner or co-owner (each must make their own request);
- Your full address in Mont-Tremblant; and
- The years you have lived at this address.
All requests for proof of residency must be sent to the City of Mont-Tremblant no later than FRIDAY AUGUST 16th. Please expect several working days for the processing of your request
How will my compensation be calculated?
Your compensation, if you qualify, will be calculated on the basis of the compensation points awarded to you and the total points awarded to all persons whose claims have been accepted.
You will receive a compensation calculated according to the following formula:
Your compensation points | ||||
|
x | Available compensation amount | = | Your compensation |
Sum of compensation points for all eligible class members |
Compensation points per year of residence between 2009 and 2018 are based on the date of your first arrival at the eligible address:
- Before 1964: 1 compensation point;
- Between 1964 and June 2001: 0.9 compensation points;
- Between July 2001 and December 2006: 0.4 compensation points;
- Between January 2007 and October 31, 2018: 0.2 compensation points.
When will I know if my claim has been accepted?
Decisions on claims will only be rendered after the claim period, as we will analyze the claims only once we have received them all. We must wait until then, as we will analyze all claims submitted for the same eligible address together.
Thus, no decision will be rendered before the deadline of August 27, 2024.
When will I receive my compensation?
We will analyze claims after the August 27, 2024 deadline. We must wait until then because we will analyze all claims submitted for the same eligible address together.
Since compensations will be calculated on the basis of the total points awarded to all those whose claims are accepted, the distribution of compensations will probably take place in late October or early November.
You will receive an email beforehand to let you know.
How will I receive my compensation?
You can choose between an Interac transfer or a cheque sent by mail when you fill out the claim form.
What are the fees charged by the class members' lawyers under this settlement agreement?
In the judgment approving the settlement agreement, the Quebec Superior Court concluded that the fees requested by the lawyers were unequivocally fair and reasonable. The Court thus approved :
-
- fees equivalent to 30% (plus taxes) of the settlement amount, i.e. $600,000, plus taxes, and;
- reimbursement of disbursements incurred in connection with the class actions, i.e. $497,871.45.
Of these amounts, the lawyers were required to reimburse the Fonds d'aide aux actions collectives in the amount of $526,094.25.