Responsibilities and Risk Management

Transcription

1 Responsibilities and Risk Management in a changing climate Surviving the Perfect Storm Managing your stormwater risk in light of climate change November 4, 2013 Mississauga Convention Centre Laura Zizzo

2 Municipalities Response to Climate Change required mitigation voluntary adaptation required adaptation voluntary mitigation

3 Potential impacts Increasing precipitation Increased intensity of storms More frequent severe freezing/thawing cycles More frequent intense summer heat days Water level fluctuations Water quality and availability changes Increased costs effects on physical assets potential legal liability significant driver to adapt

4 Vulnerability Storm Water Systems Increased temperatures and evaporation Development leading to more runoff/less permeability Quality Flooding increasing contamination risks Critical Infrastructure Disruptions (due to flooding, severe weather) Water systems at risk Source: NRCan s From Impacts to Adaptation, Canada in a Changing Climate 2007

5 Finch Washout 2005 Photo courtesy of Jane-finch.com

6 Toronto Floods of Summer 2013 INSURABLE? Calgary Photo courtesy of Tom Ryaboi Photo courtesy of the Canadian Press

7 2013 IPCC Report indicated increase in extreme weather and heavy precipitation throughout the century. More to Come

8 Jurisdiction to adapt Good Government Natural Person rights Statutory Requirements (OWRA, GLPA, LSPA) By-law/code/planning powers Implicit authority

9 Why adapt? Cost control and prudent planning Resilience Liability Insurance costs required adaptation voluntary adaptation

10 Responsibility to Adapt liability & climate Duties to provide services Accidents & municipalities The enterprising lawyer

11 Adaptation in Statutes Great Lakes Protection Act Lake Simcoe Protection Act Water Opportunities Act Ontario Water Resources Act References to the need to adapt and plan for the chancing climate. Providing anchors and impetus for municipal adaptation.

12 Negligence Injury to person(s) or property because another has failed to take reasonable care Duty, Standard of Care, Causation, Foreseeability E.g.) flooding if standard of care breached and reasonably foreseeable Who could be negligent? Owner or occupier (including municipality) Government entities Engineers, architects and other design professionals Contractors Defences

13 Class Actions A real and present threat currently at least two major cases regarding flooding with municipal defendants: City of Thunder Bay ($300M) City of Mississauga ($200M) Uses traditional causes of action (e.g. negligence) Efficient and improved access to justice Representative plaintiff for similarly situated, defined class Common issues decided together

14 Valid cause of action Preferable procedure Identifiable class Certification Representative Plaintiff Common issues EG) McLaren v. Stratford (City) Certified Appeal to SCC denied

15 Settlement Certification often major hurdle to settlement If certified, settlement must be approved by Court Remember the contingency fee Examples McLaren v Stratford - claimed $200 million, settled for $7.7 million. City of Lloydminster, Saskatchewan - similarly sued after flooding, settled before certification Ottawa 1996 flood, settled before trial (City then sued expert), now being sued again for 2009 flood

16 Risk minimization information accountability continuous review review existing facilities/ codes/bylaws/policies/plans protect via integration into decision making

17 facilities Information infrastructure information codes by-laws

18 Protect: ongoing decision-making new baseline lifespan available technology Costs must be viewed in light of potential future costs of repair, rebuilding, legal liability

19 Status quo has changed processes Legislative delays irrelevance Business as usual is changing Infrastructure, planning and processes should include adaptation information technical capacity Processes should build defences and show diligence implementation & policy

20 Thank you 41-A Avenue Rd Toronto M5R 2G3