Emma and Henry (not their real names) live in a modest three-bedroom detached
home near Bathurst and Lawrence. A few weeks ago, their laundry room experienced
a minor sewage backup caused by a cracked sewage pipe under the front lawn.
After the pipe was replaced, the couple became concerned about mould beneath
the flooring tiles in the laundry room. They called in their insurance company,
and it wasn’t long before the vinyl tiles were being ripped up — only to reveal
a layer of asbestos tiles underneath.
For a half century, until the mid 1980s, asbestos was widely used in many
household products, including millions of flooring tiles such as the ones found
in Emma and Henry’s house.
In the 1980s, it was discovered that inhaling asbestos fibres can cause lung
cancer, and its use in domestic and industrial products began to decline
rapidly.
The insurance adjusters decided that it was necessary to remove all three
layers of floor tiles which had been glued on top of the original concrete floor
(with an adhesive containing asbestos).
A crew hired by the insurer proceeded to remove the tiles with power tools.
The insurer’s environmental team then reported that the house contained a
dangerous level of asbestos dust (having been disturbed by the power tools), and
the owners had to leave immediately with only the clothes they were wearing.
After asbestos was discovered in the air ducts, the insurance company and
environmental team told Emma and Henry that all the air ducts had to be removed
from behind the walls, ceilings and floors in order to remediate the property,
and that the insurance company was considering cancelling their policy.
By this time, the couple and their 3-year old son had been living with
Henry’s parents for almost three weeks. They began to panic as they faced the
possibility that the house required a “level three” remediation, and might have
to be torn down. They were facing a potential loss of $250,000 in equity and
concerned about the health of their allergic son and unborn child.
Emma’s father phoned me in a panic and explained the problem.
At my suggestion, they called in Don Pinchin, the founder of Pinchin
Environmental, one of the oldest and largest Canadian environmental consultants
(www.pinchin.com). In the
industry, Pinchin himself is known as the “godfather” of environmental
consultants, although he rarely performs site visits anymore.
In light of the bizarre circumstances, however, Pinchin agreed to come to the
house. It wasn’t long before he was crawling around the basement on his hands
and knees, looking for asbestos with his specialized tool kit.
In short order, Pinchin discovered some asbestos paper wrapping the vents at
the end of the air ducts, and, after testing the air, not much else. The paper
was encapsulated and removed at a nominal cost of about $1,000.
Pinchin produced a 55-page report confirming that the house had no more
airborne asbestos than what might be found in ordinary outdoor air.
He told Emma and Henry to move back in, and that the house was “completely
safe as far as I’m concerned.” Henry later told me that Don Pinchin was “my
knight in shining armour.”
Henry is a real estate agent with a university degree. He is concerned that
no current provincial real estate association form deals with the
little-understood issue of asbestos. He challenged the real estate industry to
“put the issue on the table and figure out what we’re going to do about it.”
“We need to educate the public as to how asbestos affects consumers,” he told
me.
Henry was also critical of his insurance company for threatening to cancel
his coverage and sending in an incompetent removal team who only made matters
worse.
To anyone finding asbestos in a house, Henry recommends leaving the removal
to competent professionals and never to disturb it with power tools.
For more information on asbestos in the home, I recommend the CMHC website at
http://www.cmhc-schl.gc.ca/. Type “asbestos” in the search
box.
Or go directly to
http://www.cmhc-schl.gc.ca/en/co/maho/yohoyohe/inaiqu/inaiqu_001.cfm or
http://www.cmhc-schl.gc.ca/odpub/pdf/62029.pdf?lang=en or Health Canada's
site at
http://www.hc-sc.gc.ca/cps-spc/house-domes/decor/construct_asbestos-amiante-eng.php
.
Bob Aaron is a Toronto real estate lawyer. He can be reached by
email at bob@aaron.ca, phone 416-364-9366 or
fax 416-364-3818. Visit the column archives at
http://aaron.ca/columns/toronto-star-index.htm for articles on this and
other topics.