What is the test for liability in propane theft cases?
Ontario, Canada
The following excerpt is from Ira-Berg Ltd. v. Skeow's Produce (1971) Ltd., 1990 CanLII 8101 (ON SC):
The plaintiff seeks recovery in nuisance or on the principle enunciated in Rylands v. Fletcher (1866), L.R. 1 Ex. 265; affd L.R. 3 H.L. 330. With respect to nuisance, it was submitted that a person who permits the wrongful escape of a deleterious substance which is inherently dangerous and interferes with the property of another is liable. I find that, on the evidence, propane is an inherently dangerous substance requiring the most stringent of care.
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