François Fontaine

The appellant operated a cement plant that caused excessive dust, noise, and odours for neighbouring residents.

The respondents brought a class action for damages.

The Supreme Court of Canada held that under article 976 of the Civil Code of Québec, a no-fault liability regime exists for neighbourhood disturbances where the annoyances suffered are abnormal or excessive.

The Court found the appellant liable despite its compliance with environmental regulations and lack of wrongful conduct.

The Court also upheld the trial judge's use of average amounts to assess damages for the class members.

The appeal concerned the constitutional validity of federal toxic-substances provisions and an interim order limiting PCB releases after a prosecution for alleged discharge into a river.

The majority held that environmental protection through prohibitions against toxic substances is a legitimate criminal law purpose and that Part II of the Canadian Environmental Protection Act created a valid scheme targeting toxic substances through prohibitions backed by penal sanctions.

The dissent concluded that the scheme was fundamentally regulatory rather than prohibitory and could not be sustained under either the criminal law power or the national concern branch of peace, order and good government.

The appeal was allowed and the matter was remitted to the summary conviction court.