How have the courts interpreted the principle in Rylands v Fletcher?
Saskatchewan, Canada
The following excerpt is from Hoffman v. Monsanto Canada Inc., 2005 SKQB 225 (CanLII):
These questions are intended to relate to the proposed cause of action based on the principle in Rylands v. Fletcher. The serious problems faced by the plaintiffs in relation to this cause of action, and the approach taken by the plaintiffs in this regard, are discussed in the section of this judgment dealing with whether the pleadings disclose a reasonable cause of action, supra. Clearly, if I am correct that the pleadings disclose no reasonable cause of action on this basis, these questions are irrelevant, and cannot advance the plaintiffs’ claim.
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