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Legal Defense Fund │ Federation of Canadian Municipalities (FCM)

none

Value

Varies.

Description

The Fund, which is supported by members through their annual membership dues, has enabled FCM to cost-effectively defend municipal interests and influence legal precedents since 1997. It’s an effective way—particularly for small municipalities—to get results that would be tough to achieve alone.

Eligible Applicants

Municipalities.

Eligible Expenses

The Fund will cover FCM’s direct legal costs. As an intervenor, we’d offer the court contextual information about the case and its repercussions for municipalities across Canada.

These are examples of the types of cases we’ve supported in the past:

Constitutional Jurisdiction of Municipalities
We intervened in Spraytech v. Hudson, in which the Supreme Court ruled that courts should defer to choices made by local elected officials. It also indicated that municipal legislative authority should be interpreted broadly and that local rules could coexist with federal regulations.

Federal Payments in Lieu of Taxes
In separate appeals, Montreal and Halifax sought clarification of the PILT Act to bring greater predictability and stability to PILT calculations. We intervened in both cases and both resulted in the Supreme Court unequivocally endorsing FCM’s interpretation of the PILT Act.

Rights-of-Way Management
We were the Appellant to the Federal Court of Appeal in the landmark Ledcor case that established the principle that municipalities have the right to recover all incremental costs related to telecommunications activity on their land.

Jurisdiction of the Federal Court
In 2016, we intervened in a dispute between Windsor and the Canadian Transit Company. We argued that questions of federal-municipal jurisdiction must be decided in the local courthouse by a Superior Court Justice, not by the Federal Court. The Supreme Court of Canada ruled in favour of the City of Windsor.

Deadline Date

Ongoing. Please click the link indicated below for update.

Contact

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There is grant money waiting for YOU! BUT if you step in a “grant trap,” your application is a NO! Learn the FIVE most common errors to AVOID in government grants! Get the 5 Grant Gotchas now to save you countless hours.

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