Canadian Lawyer

October 2014

The most widely read magazine for Canadian lawyers

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22 O c t O b e r 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m rEaL EstatE if the same properties experience the same problem again. Alberta announced that those who accepted disaster recovery funding will not qualify for future flood- related disaster assistance if they rebuild their home in a floodway. The province announced a note will be put on title of the affected properties. Many Canadians are also finding they don't have overland flood insurance and once they have a sewer backup claim, they may not be able to access backup coverage again. "We have been incredibly lax in preparing for the change we know is com- ing," says environmental lawyer Dianne Saxe, who has been outspoken about her concerns over the impact of severe weath- er and climate change. Changing building codes to include requirements to better protect property is perhaps the easiest approach. She points to the use of roof anchors as an example. Instead of relying on gravity to hold down a roof, clamping it down is an inexpensive way to secure it and prevent it from being ripped off in a storm. She is also concerned about the impact of increasing insurance claims on indi- vidual's ability to access insurance. Those who have built in river valleys and areas prone to flooding could see the value of their property plummeting because of the identified risks and the inability to access insurance. Saxe expects there will soon be a requirement to disclose those risks. The Institute for Catastrophic Loss Reduction wants to see more of an empha- sis on protection of property in building codes. The organization, which was started by the property casualty insurance indus- try and is affiliated with Ontario's Western University, researches natural disaster mitigation. Dan Sandink, its manager of resilient communities and research, says the insurance industry is seeing average annual flood damage claims of $1 billion over the past five years, which increased to $3.4 billion in 2013. The problem of severe weather is com- plicated by how we live. There are more of us and we're developing more and more land. Existing urban areas are now under- going densification to accommodate more people in smaller spaces. That all creates more storm water runoff, which drains into often old infrastructure with his- toric design standards that have become outdated, unable to withstand the storms of the 21st century. "What is clear is that we will see more of these events," says Sandink. "There are a number of things in the building code that could be pretty straightforward." He points to backwater valves, which cost about $50 to $250, as a way to protect homes from sewer backup — considered a significant cause of basement flooding associated with extreme weather events and urban flooding. In his 2013 study, "Urban Flooding in Canada," Sandink found dif- ferent interpretations of legislation and rec- ommended the National Plumbing Code and other related laws be clarified to ensure consistent interpretations. But the institute wants to see building codes, which focus on life safety, concen- trate more on the durability of property, following an increased focus on energy efficiency in recent years. "We haven't done a good job on property damage risk reduction," he says. Maximize your clients' personal tax and estate planning efforts New Edition Wealth Planning Strategies for Canadians 2015 Christine Van Cauwenberghe Your clients are at different stages in their lives and they rely on you to give them the right financial and tax advice. How can you be ready with the right answers for the wide variety of life situations that you will encounter? Wealth Planning Strategies for Canadians 2015 is the answer. This convenient resource is organized by life stage – so you are ready with answers as soon as your client walks through the door. New in this edition The 2015 edition has been thoroughly updated to include the latest federal income tax amendments (including the proposed changes to the taxation of testamentary trusts introduced in the 2014 Federal Budget) as well as a number of changes in provincial statutes, including the new estates legislation in British Columbia, the Wills, Estates and Succession Act, S.B.C. 2009, c.13. This edition also includes more detail on a number of strategies and the pitfalls of certain approaches. As with previous editions, this is a resource you can trust to alert you, step-by-step, to the myriad of considerations that may apply, no matter what your or your client's life situation. Order # 986166-65203 $64 Softcover July 2014 approx. 750 pages 978-0-7798-6166-8 Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00222PC-A45877 Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800

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