Facts:

Due to climate change, the water levels in the Great Lakes have been rising consistently for the past 10 years. Increased rainfall and melting snow and ice has been cited as some of the reasons for these increases in water levels. The effects of these changes have been devastating for some homeowners near the water. Flooding of basements in particular have increased the costs of homeowner insurance for many of these houses.

The town of Niagara-on-the-Lake seems particularly susceptible to these threats, because of the age of the homes there. Most of these buildings were built in the 19th c., and were not intended to protect against floods.

In July 2022, the residents of Niagara-on-the-Lake experience a particularly large flood, which results in mold damage and requires serious renovations. These residents want to sue the municipality for negligence, for failing to build a levy that would prevent the flooding.

Questions:

A) Should a duty of care be imposed in this situation on the municipality? (4 marks)

B) What risk management alternatives do the residents have to restore their homes? (1 mark)