Win a case and lose his business

Gagner une cause et perdre son entreprise

Shawinigan — October 2010, the supreme Court of Canada ruled that a municipality did not have the jurisdiction to decide the location of the water aerodrome on its territory. A victory so decisive for Aviation Mauricie… which ceased, however, his activities on the lake at the Turtle two years later.

The court enriched the case law, but they do not save always to the companies. Anabelle Lacombe, former director of Aviation Mauricie, knows only too well to be passed through it.

Of course, the prospect of being involved as a defendant in the class action of the Coalition against the noise had weighed heavily in the decision to put a stop to his activities, after the fall of 2012. But the judicial process also leaves traces, even for the victors.

“We also have won, but at that point, the damage is done,” says Lacombe. “With stories too long, the costs are there. This is not because a business earns that all of a sudden, the money is coming and everything is all better!”

“(Bel-Air), it does not mean that it is finished,” she says. “In their place, I would expect a call. We always have the impression that a class action, it has no end!”

On the bottom, Lacombe seems a little surprised that the conclusion of the judge Ouellet. She expected to testify in the context of the statement, last year, but the Coalition against the noise had finally decided to pass. However, the judge rightly observes that it had very little data to measure the impact of tourist flights of this company during the first part of the period covered by the dispute, between 2008 and 2012.

“I am certain that if we had continued, the cause would have been lost”, she analyzes. “The Coalition against noise would have had more information on the flights.”

Reactions

This judgment has of course provoked many reactions in the environment. The City of Shawinigan mayor Michel Angers reminded that it is held at discretion, under the agreement reached in may 2016. The insurers had paid an amount of $ 275,000 to the Coalition against noise, without admitting any liability.

At the national level, John McKenna, president and chief executive officer of the air transport Association of Canada, says a decision on the positive consequences for the industry. He feared, however, that a call.

“Bel-Air must have look forward to this being finished!”, let-t-he fall. “The department of Transport has established serious tags. It is already more restrictive, the company complies, it is established since long that most of the residents…”

“I am very happy with the decision and I hope it is the end of a long saga”, let-t-he fall. “I would not say that it was a cause of abuse, because people have the right to complain. But they went strong not wrong.”

The Polluted de Montréal-Trudeau are engaged in a class action comparable to on the bottom, but the dimensions multiplied tenfold. Their spokesman, Pierre Lachapelle, does not believe that this judgement will become a pebble in her shoe.

“It is necessary to compare apples with apples”, he comments. “We are talking about activities of seaplanes on a lake compared to an international airport…”

He recognized that he want the residents to have obtained Transport Canada, in 2009, a series of restrictions for the tourist flights. The Polluted de Montréal-Trudeau are calling for the prohibition of aircraft movements between 23 p.m. and 7 a.m., except in emergency situations.

“They have a curfew, restrictions as to the public holidays and weekends (in the summer)”, he recalls. “It’s still positive.”

In addition, Mr. Lachapelle observes that there was a strong division on the appropriateness of this use on the lake at the Turtle. Of the headwinds that were not raised in the record, even if he note that Aéroports de Montréal is “a lot of the lobby” to defend its image.

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