Formal notice letter template for night-time noise

Cabinet avocat-montreal.ca
1234 Sainte-Catherine Street West
Montreal, Quebec H3B 1B5
Phone: 514-555-1234
Email: contact@avocat-montreal.ca

Montreal, April 27, 2024

To:
Mr. Jean Dupuis
5678 Avenue des Peupliers
Montreal, Quebec H2J 3L7

File reference: MD-0424-7896

Re: Formal notice – night-time noise

We hereby send you a formal notice regarding the repeated noise disturbances coming from your property at night. These disturbances, although already reported verbally on many occasions, continue and interfere with your neighbours’ legitimate right to peace and quiet. You are therefore required to immediately stop this conduct, which is contrary to the law and to good neighbourly relations.

Statement of facts

Since March 15, 2024, several residents of the building located at 5670 Avenue des Peupliers have made repeated complaints about excessive noise coming from your dwelling late at night, often after 10:00 p.m. These disturbances consist of loud music, rowdiness and gatherings causing night-time noise that disrupts the occupants’ rest.

Despite various verbal interventions, you have taken no steps to remedy the situation. This conduct breaches your neighbourhood obligations and seriously affects the quality of life of those around you, which justifies this formal step.

Legal basis

Under article 976 of the Civil Code of Québec (C.C.Q.), neighbours must not cause each other annoyances beyond the limit of tolerance they owe each other. In addition, article 1457 C.C.Q. makes every person who causes harm through an act or omission that does not meet the required standard of care civilly liable^[1]. Night-time noise is therefore a source of civil liability that may oblige you to compensate the harm suffered.

Demands

• You must immediately stop any excessive noise or noisy gathering after 10:00 p.m. causing night-time disturbance.
• You must take all necessary measures to limit the noise coming from your dwelling.
• We ask that you provide us, within 10 business days of receiving this letter, with a written undertaking to comply with these conditions.

If you do not comply with these demands within the time limit set, we will be forced to take legal proceedings to stop these disturbances and obtain compensation for the harm suffered, including damages and the costs of the proceedings.

We strongly advise you to take this formal notice seriously in order to avoid any litigation and additional costs.

Mtre Sophie Laurent
Lawyer, 10 years of practice in civil litigation
Barreau du Québec

This letter is a formal notice under articles 1457 and following C.C.Q.

^[1] Legal references cited.