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REM construction: Superior Court judge refuses to authorize class action

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Citizens unhappy with the REM construction, which is disrupting train service from Deux-Montagnes and Mascouche to Montreal, failed to get a judge to authorize a proposed class action.

Justice Pierre-C. Gagnon of the Superior Court rendered his decision Wednesday.

The construction of the Réseau express métropolitain (REM) is causing headaches for many people because the construction work is interrupting the commuter train service on two lines, Mascouche and Deux-Montagnes.

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The class action request was filed on behalf of a Laval resident and representative plaintiff Magali Barré, who is affected by the train line interruptions. She uses the Deux-Montagnes line to get to work in downtown Montreal.

She wanted to sue CDPQ Infra Inc., Exo, the Regional Authority for Metropolitan Transport, Projet REM S.E.N.C, as well as the Attorney General of Quebec.

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Barré is not opposed to the REM project, but alleges the defendants have not properly mitigated the consequences of the construction.

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REM officials have announced accommodations, but Barré considers them insufficient because her commute time, like many others’, will be doubled.

She was seeking compensatory and punitive damages.

In his decision, Gagnon wrote that the criteria for authorizing a class action were not met.

His decision points out that Barré’s claim does not show that authorities have abused their power or that any fault has been committed.

The judge also said Barré does not meet the conditions to be the representative of the group of people who would have benefited from the class action.

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