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.
