Does the principle of strict liability apply in the case of property standing off, although adjacent to, a highway?

Saskatchewan, Canada


The following excerpt is from Assie v. Saskatchewan Telecommunications, 1977 CanLII 1489 (SK QB):

I make mention of the indicated line of cases of which Mint v. Good is one for the purpose of emphasizing that I do not necessarily suggest that the principle of strict liability that I have applied in the instant case, involving as it does a suspension over a highway, necessarily applies in the case of property standing off, although adjacent to, a highway. Indeed, Denning L.J. would suggest that in such instances, liability would not attach for damages arising out of latent defects not discoverable by reasonable care, or for the acts of trespassers.

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