What is the test for a plaintiff to succeed in an action for trespass and trespass?
Saskatchewan, Canada
The following excerpt is from Chalefour v. Cretien, 1930 CanLII 197 (SK QB):
Now, I think that it is plain from a consideration of these authorities and particularly that of Manton v. Brocklebank, supra, that the plaintiff’s action to succeed must be founded either upon (1) negligence; (2) trespass to goods; or (3) the principle of Rylands v. Fletcher (1848) L.R. 3 H.L. 330, 37 L.J. Ex. 161.
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