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Coalition Democracy Montreal

Legal Injunction against Ville de Montreal

The Coalition for Democracy Park Extension is organizing this fundraiser which will be held in trust by the legal firm Bergman & Associates to pay for legal fees and disbursements for professional services rendered by Bergman & Associates.

This is a fundraiser to commence legal action against the City of Montreal, borough Villeray-St. Michel-Park Extension, in order to contest the city’s unilateral imposition of multiple four-season-bike lane projects that will eliminate at least 250 parking spaces in Park Extension alone. The borough districts this year will lose parking on Louvain Street, Ball Street, Legendre Street, Querbes/de L’Épée Street, 24e Avenue, de L’Épée, 25e Avenue and Ogilvy Street.

By donating, you will help fund the following court challenges: a lawsuit on the legality of the resolution(s) AND an injunction to block the construction of the project pending the outcome of the trial and court judgement. This lawsuit and injunction seek to protect the rights of the residents of the City of Montreal but also of all Quebecers who have the right to access the City of Montreal and participate either in its social or economic spheres.

The first $50,000 raised will help fund the Hondronicolas et al. vs City of Montreal, which challenges the city’s violation of The Montréal Charter of Rights and Responsibilities and attempt to block the construction of the proposed bike lanes and removal of any parking spots pending the decision of a Judge.

Any additional funds raised beyond this objective will be kept as a contingency to fund any necessary appeals. If no additional appeals are necessary, additional funds accumulated beyond the target will be donated to a charity with which our fundraising committee will partner, and this decision will be communicated to you in the “update section” of the website page below.

What is happening in the Borough of Villeray-St.Michel-Park Extension and why should I be worried?

In the month of June, 2023, the city announced on short notice that it would be removing at a minimum 250 parking spots in a densely populated area, including parking spots for disabled residents, to make way for four-season bikes lanes which will be opened all 4 seasons of the year, including in the winter. Residents were not given the opportunity to challenge this decision through proper public consultation, thus depriving them of due democratic process. Residents were also denied access to any impact assessment studies on traffic, the economy and safety and security.

This court challenge is not a debate of bikes vs cars. This court challenge is about ensuring that the government respects its Charter obligations and the democratic due processes and institutional practices that respect and promote the citizens’ rights and participation in the decision-making process of any government project. Due to the City’s non-negotiable stance on this issue, the court challenge aims to bring to the table the borough mayor of Villeray-St. Michel-Park Extension to have an open dialogue with her constituents and work out an equitable solution for all residents without compromising the safety and livelihoods of its residents.

By donating to this cause, you are not only helping the 144 000+ residents of Villeray, St-Michel and Park Extension but also helping to potentially set a precedent that the municipal government must respect its Charter and democratic obligations on any future projects within your own neighborhood.

What legal action have you already taken so far in advancing this court challenge?

A demand letter (Mise en Demeure) has already been served to the mayor of the borough demanding the immediate halting of the proposed four season bike lanes project proposed on Louvain Street, Ball Street, Legendre Street, Querbes/de L’Épée Street, 24e Avenue, de L’Épée, 25e Avenue and Ogilvy avenue and the immediate reinstating of the 250 or more vehicle parking spots pending an immediate open and transparent public consultation on the matter.

As a concerned citizen how can I help?

The residents of Villeray-St.Michel-Park Extension have been mobilizing against this measure in many democratic and legal ways to oppose this ordinance. Their concerns have been ignored by the borough mayor and therefore we are resorting to this GoFundMe campaign to raise funds for the legal challenge. You can help by contributing and/or sharing this Campaign.

Court challenges can be long and involve significant costs. This is why the entirety of your donation will be used to pay legal fees, including but not limited to: court fees, filing fees, printing, travel, expert fees, witness fees, legal research, cost awards against the losing party, legal fees for the lawyers fighting for your rights as a citizens, and any other out-of-pocket legal costs. The only deductions are those made by the platform GoFundMe itself and any payment processing/bank fees to transfer the money to the lawyers’ trust accounts.

How will the funds be used?

The first $50,000 raised will help fund the Hondronicolas et al. vs city of Montreal, on behalf of all residents and business owners affected by this ordinance, which challenges the procedure and resolutions of the proposed four-season bike lanes projects that will eliminate at least 250 parking spaces on Louvain Street, Ball Street, Legendre Street, Querbes/de L’Épée Street, 24e Avenue, de L’Épée, 25e Avenue and Ogilvy Street. Any additional funds raised in excess of this $50,000 will be safeguarded as a contingency fund in order to fund any possible futures court appeals. If no appeal is ordered or necessary, the funds raised in excess of this $50,000 will be distributed to a charitable organization that is fighting for similar rights and/or that our fundraising committee will decide and display its decision in the “update” section below in due time.

There is an English version and a French version of this GoFundMe. Both campaign pages are being counted towards the same goal. Therefore, if each page raises $50,000 then we will be at $100,000 and the extra $50,000 will placed InTrust pending any potential appeals and if no appeals are needed or initiated, this excess of $50,000 will be donated to a charitable foundation which the fundraising committee will decide and publish its selection on this page. This also applies to any other funds that are donated to us from other sources.

Frequently Asked Questions (FAQs)

How much should I donate?

If you’re a concerned citizen or business owner, please donate any amount that you can afford to give, whether it’s 5$,$10, $20, $100 or $500. We strongly encourage you to share this GoFundMe page with your social media accounts and with people in your network, and to encourage them to donate.

Are you a registered charity and will I get a tax receipt?

Unfortunately, given the short notice and strict timelines involved in this matter, we have not obtained registered charity status, and therefore we cannot issue any tax receipts.

How did you arrive at the $50,000 goal?

Our fundraising objective is divided into two parts. The first $50,000 is based on professional judgment provided by lawyers about how much will be needed to bring the multiple proceedings involved in Hondronicolas et al. v the City of Montreal all the way through the legal system (in addition to the contributions by the lawyers involved that have already been made). This includes the main lawsuit as well as the injunction. All funds above that amount are reserved for appeals or for a charitable organization, as explained above.

I am a donor to the cause, where can I find more information about the legal challenges that I’m funding?

Please contact us to obtain any relevant information such as copies of the legal documents filed in court, contact information, and press release statements.

Are you affiliated with an organization or political party?

This fundraiser is being organized by the plaintiffs in Hondronicolas et al. vs City of Montreal. We are an independent group of citizens and residents that live in the Villeray-St.Michel-Parc Extension. We have no affiliation with any organization or political party. We act on our own behalf, and we are not speaking for anyone other than for ourselves.

Who are the plaintiffs involved in Hondronicolas et al. vs City of Montreal?Are you affiliated with an organization or political party?

We are Ilias Hondronicolas and Maria Pantelopoulos, as well as residents and business owners of the borough Villeray-St. Michel-Park Extension, with the full list of these individuals and entities to be made available upon the filing of the action in court.