What is the test for summary judgment in a case that definitely involves Rylands v Fletcher principles?
Alberta, Canada
The following excerpt is from Norwood Foundry Limited v. Stadium Holdings Ltd., 2009 ABQB 291 (CanLII):
This is an application by the plaintiff for summary judgment in a case that definitely involves Rylands v. Fletcher principles, but there is a substantial wrinkle that takes it out of the usual case. The strict liability principle still applies but the problem is in quantifying what portion of the damage is attributable to the defendant and what portion is attributable to the plaintiff.
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