Real estate developers, which own buildings comprising sixteen units located in a tourist area of Saint-Ferréol-les-Neiges and that are subject to short-term rentals, were charged by the Municipality, after they received several complaints from neighbours for excessive noise caused by the tenants of the units. To address this issue, the municipality amended its by-law to make the owner of a property listed on the assessment roll liable for a nuisance offence committed on his or her property.
Our clients, who received several statements of offence charging them with causing or inciting noise likely to disturb the peace and quiet of the neighbourhood in connection with the actions of their tenants, were rightly acquitted since the by-law of the appellant municipality does not create a nuisance offence by omission or tolerance.
Maxime-Arnaud Keable represented the real estate developers in connection with this case.
Jurisdiction
- Québec
