Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O c t O b e r 2 0 1 4 23 The increased severity of storms also increases the risks to municipalities, which have become vulnerable to legal action. Two Ontario municipalities — Thunder Bay and Mississauga — are facing class actions mounting into the hundreds of millions of dollars related to flooding. A third, Stratford, settled for $7.7 million after a class action was certified and that was after the municipality had paid out more than $1 million in emergency relief funding. Municipalities must be prepared to show they've done what they could to prepare and develop resilience in using a due diligence defence, says Laura Zizzo, who describes her firm, Zizzo Allan PC, as Canada's first climate change firm. While storms may not always be foreseeable, a community can try to be more resilient. "You have to learn to adapt to the new reality," she says. Zizzo, whose firm drafted "Stormwater Management in Ontario: Legal Issues in a Changing Climate" for an Ontario con- servation authority, found an absence of a clear set of best practices and standards. She suggests governments and other pub- lic bodies can mitigate against legal action by first creating policy and being diligent on putting the procedures in place to act upon that policy. While municipalities can no longer be sued for nuisance related to the escape of water or sewage, they can be sued for negligence and riparian rights. They can also be held liable for negligence related to operational decisions. Municipalities, she adds, need to address the issues and share information and work toward a clear industry standard. Last year's experiences in Toronto and Calgary also raised the issues of who is responsible for what when it comes to leasing arrangements. "In Alberta, some of us . . . learned a valuable lesson after the floods in 2013. Once the water receded, people realized there was some expo- sure," said Greg Liakopoulos, a partner at Bennett Jones LLP in Calgary who recently participated in a panel on the impact of natural disasters. For many involved in rental property, the question of who is responsible for what became a dominant theme. A land- lord's plan, says Liakopoulos, is designed to protect his property and keep people safe. It isn't meant to protect the tenant. So although the lease might require a tenant to carry a certain amount of insur- ance, that coverage may not necessarily reflect the needs of the tenant and/or the value of his property. Concise lease arrangements can help to mitigate confusion in the event of a disaster, as long as the potential problems are identified and the roles and respon- sibilities of both the landlord and the tenant are clearly delineated. With some advance planning, property owners and those who rent them could lessen the impact of disasters by ensuring the con- tingencies are covered in the lease. More detailed agreements can spell out the obligations of all the parties and include the role of the insurers and what they're prepared to do in the event of a natural disaster. "Whether I'm a landlord or ten- ant we need to really sit down to ensure we don't gloss over those risks in the agreement," says Liakopoulos. New in this edition • All amendments to the Small Claims Rules and Forms including the latest amendments in force January 1, 2014 (O. Reg. 230/13) and July 1, 2014 (O, Reg. 44/14) • All significant new court decisions, both reported and unreported, throughout Canada • Substantial and lengthy commentary has been added, including such areas of interest as: motions, fee waivers, court interpreter fees, costs, court recordings • Self-help Overview • Revised and Updated Survey of Recent Developments in the Small Claims Court • All the latest Practice Directions and Protocols New Edition Ontario Small Claims Court Practice 2015 Mr. Justice Marvin A. Zuker and J. Sebastian Winny Get the latest on small claims court practice Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986176-65203 $103 Hardcover + CD-ROM August 2014 approx. 1300 pages 978-0-7798-6176-7 Annual volumes supplied on standing order subscription Practice Advisor available upon request 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. For almost 35 years, Ontario Small Claims Court Practice has offered comprehensive coverage of every aspect of commencing or defending a claim to appeals and enforcement of a judgment. The new edition is updated to include all the latest cases and the most recent amendments to the Small Claims Court rules and forms. 00223DV-A46159

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