"The New Sick Buildings: Toxic Mould and Other Horrors", Harper Grey LLP Law Bulletin

2002

By Neil Matheson

Introduction
There are over 100,000 species of mould existing in virtually every environment. Certain moulds are well known as agents of infection, allergic disease and toxicoses. Toxic mould can become a health risk if it is allowed to grow and multiply inside an environment containing a source of moisture and food.

The rapid pace of construction throughout the 1990s allowed many homes and buildings to be constructed with details that permit water and moisture to seep into the interior. Once the toxic mould has migrated inside otherwise tightly sealed homes and buildings, it encounters a perfect environment for growth because there are minimal water evaporating drafts and abundant sources of food. Moulds consume cellulose, which is present in such building materials as wood, paper, ceiling tile, drywall and cardboard.

Health Effects
While most moulds do not affect most healthy people, symptoms such as nasal stuffiness or eye irritation may develop in sensitive individuals. One particularly harmful type of mould, known as stachybotrys chartarum, is a black coloured mould often found inside walls. It has been linked to symptoms such as respiratory ailments and irritation of the eyes, nose, and throat.1 Allegations have also linked toxic moulds to headaches, sore throats, hair loss, flu symptoms, diarrhea, fatigue, dermatitis, memory loss and bleeding lungs.

In 1995, Health Canada issued a guideline for assessment and control of stachybotrys chartarum, which essentially requires that any potential exposure be identified and removed.2

An expert medical panel convened by the Ontario Ministry of Health recently concluded that there was ample evidence to support several health effects from unusual fungal growth.3 The panel noted that the most susceptible groups included children, the elderly, persons with specific diseases such as diabetes, and those with a compromised immune system or prone to allergies.

Effects on Property
Toxic mould also poses a danger to the property that it grows on, and to nearby property. Porous items near the mould may have to be destroyed because they can harbour toxic spores. Mould may become so pervasive throughout a building that remediation is impossible. In that situation, the building will most likely be razed.

Moisture problems caused by dampness entering via eaves, windows, doors, drainage, ground water or defective flashing or roofs, as well as condensation, can lead to mould infiltration. A building exposed to “wetting” for as little as 24 hours can show visible mould.4

Experts are now evaluating the toxicity of other moulds, including cladosporium, commonly found as a form of mildew on walls, and aspergillus, found on wooden furniture.

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• Toxic_Mould.pdf