What is the test for establishing strict liability in the context of a property owner's claim in Rylands v Fletcher v Fletcher?
British Columbia, Canada
The following excerpt is from John Campbell Law Corp. v. Owners, Strata Plan 1350, 2001 BCSC 1342 (CanLII):
Within the courts, the test has actually been further simplified and, in order to establish strict liability, the courts must consider: a) whether there has been non-natural use of the defendant's land, and b) if there escape. 2. Is the Rule in Rylands v. Fletcher Followed in Canada?
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