Stikeman Elliott wins Canada’s first ever class action dismissal against a wind farm

March 2, 2020
Stikeman Elliott’s Litigation and Dispute Resolution Group successfully defeated a class action against the defendant Éoliennes de l’Érable, a Québec-based company whose wind farm has been in operation since 2013. On February 25th, 2020, the Superior Court of Québec dismissed a class action initiated by two residents of a Centre-du-Québec neighbourhood for alleged local disturbance caused by erected wind turbines. The Court stated that given all the evidence presented, the Tribunal was “of the view that the presence of the defendant’s wind turbines does not constitute neighbourhood disturbance”.

Three members of our Montréal litigation team, Yves Martineau, Pierre-Paul Daunais and Maéva Robert, represented the defendant in the class action initiated in October 2014, and argued the case in front of The Honourable Judge Marie-France Vincent.

This victory represents Canada’s first ever class action dismissed against a wind turbine company. This decision presents challenges for other class actions relating to wind turbine disturbances brought by resident plaintiffs throughout Canada.

Members of our Litigation and Dispute Resolution Group are recognized for achieving their clients’ desired results whether through a successful outcome in court or a favourable settlement. The Group leverages a critical combination of the substantive legal expertise required to effectively evaluate the legal basis of a claim – and an in-depth familiarity with the procedural aspects of class action legislation. This leads to the development of effective strategies at each stage of defending a class action, from preliminary motions and defence of certification, to negotiating and implementing creative settlements. Awarded the 2019 “Litigation Law Firm of the Year” by Chambers Canada Awards, the Group can be considered a top partner for clients faced with critical litigation matters.