Judge Rules Against Quebec Airfield

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7ECA
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Judge Rules Against Quebec Airfield

Post by 7ECA »

Interesting story, the operator will have to pay $15k to each neighbour, in total $150k in compensation and costs after the neighbours alleged their property value dropped after the airfield was opened.

https://copanational.org/en/2018/10/18/ ... r-20181018
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Last edited by 7ECA on Sat Oct 20, 2018 10:46 am, edited 1 time in total.
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JasonE
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Re: Judge Rules Against Quebec Airfield

Post by JasonE »

That set a dangerous precedent for any new airport or one that wishes to expand....
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Re: Judge Rules Against Quebec Airfield

Post by RatherBeFlying »

Should have set up a pig barn.
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Oldguystrtn2fly
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Re: Judge Rules Against Quebec Airfield

Post by Oldguystrtn2fly »

This will be overturned if the defendant chases it through the court system. The financial burden of this judgement will be seen as impeding aviation. That will be $0.02 from all of you.
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Heliian
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Re: Judge Rules Against Quebec Airfield

Post by Heliian »

7ECA wrote: Fri Oct 19, 2018 9:06 am Interesting story, the operator will have to pay $15k to each neighbour plus $150k in compensation and costs after the neighbours alleged their property value dropped after the airfield was opened.

https://copanational.org/en/2018/10/18/ ... r-20181018
The story says he'll pay a TOTAL of 150,000$ in compensation plus court costs.
Oldguystrtn2fly wrote: Fri Oct 19, 2018 8:04 pm This will be overturned if the defendant chases it through the court system. The financial burden of this judgement will be seen as impeding aviation. That will be $0.02 from all of you.
He's better to move on somewhere else and find neighbors who would support his project. The court costs aren't worth it and since he just moved in and was already protested upon by everyone else in the town, I don't think the case is strong enough.

I would certainly not want an ultralight club next door to my estate, especially if surrounding values dropped. :wink:
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7ECA
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Re: Judge Rules Against Quebec Airfield

Post by 7ECA »

Heliian wrote: Sat Oct 20, 2018 6:52 am
The story says he'll pay a TOTAL of 150,000$ in compensation plus court costs.
My mistake, edited in the original post to properly reflect the still asinine judgement.
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photofly
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Re: Judge Rules Against Quebec Airfield

Post by photofly »

JasonE wrote: Fri Oct 19, 2018 10:07 am That set a dangerous precedent for any new airport or one that wishes to expand....
Decisions of a small claims court are not considered as precedent for other small claims court hearings, or any other higher court. So no precedent has been set.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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Re: Judge Rules Against Quebec Airfield

Post by digits_ »

photofly wrote: Sat Oct 20, 2018 11:02 am
JasonE wrote: Fri Oct 19, 2018 10:07 am That set a dangerous precedent for any new airport or one that wishes to expand....
Decisions of a small claims court are not considered as precedent for other small claims court hearings, or any other higher court. So no precedent has been set.
Interesting though that the limit of small claims court is 15k in Quebec, yet the guy has to pay 150k, as a result of one lawsuit. 10 times 15k I'm assuming, but I can't help to have the impression the "small" claims court is being abused a bit here.
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As an AvCanada discussion grows longer:
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photofly
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Re: Judge Rules Against Quebec Airfield

Post by photofly »

One hopes he'll appeal.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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Re: Judge Rules Against Quebec Airfield

Post by photofly »

The more I think about it, the more this seems a nonsense decision. If the man decides to stop flying microlights in three years time do they all have to give the money back?

If I cultivate my front garden and raise the price of houses in the neighbourhood, do all my neighbours have to pay me for the extra value of their homes?
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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Re: Judge Rules Against Quebec Airfield

Post by digits_ »

photofly wrote: Sun Oct 21, 2018 11:10 am The more I think about it, the more this seems a nonsense decision. If the man decides to stop flying microlights in three years time do they all have to give the money back?

If I cultivate my front garden and raise the price of houses in the neighbourhood, do all my neighbours have to pay me for the extra value of their homes?
It also doesn't really match the cases you referred to in that pdf you posted earlier. I have the impression the judge wants to make a political statement.

Even though it might not be a legal precedent, it might spark other people living next to an airstrip to got to a small claims court. I hope he and/or COPA appeals. This could potentially create a real sh*tstorm for general aviation.
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As an AvCanada discussion grows longer:
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-one will be accused of using bad airmanship
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Re: Judge Rules Against Quebec Airfield

Post by photofly »

I wonder what the tort that gave rise to a cause of action was held to be. Trespass? Nuisance? Or some strange Quebec thing?
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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Re: Judge Rules Against Quebec Airfield

Post by digits_ »

photofly wrote: Sun Oct 21, 2018 12:34 pm I wonder what the tort that gave rise to a cause of action was held to be. Trespass? Nuisance? Or some strange Quebec thing?
Maybe he was speaking English on the radio :twisted:
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As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
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