Factors we consider
When the Society has been satisfied that you have made every reasonable effort to solve the problem with the municipal authorities, and that you have consulted a lawyer who believes that you stand a reasonable chance of success in a legal action, the Society is prepared to offer a Grant or a Loan to help you with your expenses.
In considering your application, one of the things that the Society will consider is whether a successful action is likely to set a precedent that could have ramifications in future similar cases elsewhere. Also, other things being equal, the Society would probably give preference to (but is by no means restricted to) a Canadian applicant. We would also appreciate your taking out a membership in the Society, at least for a year. However, do not let these apparent restrictions deter you from applying! The unfortunate fact is that, as yet, no one has applied for such funds, and unless your application is not obviously flip- pant you'll probably be a shoo-in and get the assistance you need.
How much is available?
At present the Society offers up to $1,000 but could decide to go as high as $2,500, depending on the case. That may not be enough to fund a legal action completely, but we think many members will allow that it would be a substantial "seed" contribution.
If you lose the case, you are not expected to return the money to the Society—it was a Grant, and you did your best. If you win the case, and the noise is stopped but you receive no substantial damages, again you keep the Grant. If you win the case, and you receive substantial damages that are in excess of the funds provided by the Society, you would be expected to return to the Society the funds that it supplied you with. In other words, the assistance is then treated as a Loan, and, on its return to us, it is then available to the next person. Either way, we encourage you to have a go!
And, needless to say, even if you are not considering applying for a Grant yourself, but you support the concept, donations to add to the Legal Assistance Fund and to in- crease the amount available to support a legal action are always most welcome!