Is there a cause of action in negligence, nuisance or under the rule in Rylands v Fletcher?
Ontario, Canada
The following excerpt is from Schenk v. Ontario, 1981 CanLII 2919 (ON SC):
The plaintiffs assert that the evidence establishes a cause of action founded either in negligence, nuisance or under the rule in Rylands v. Fletcher (1868), L.R. 3 H.L. 330, and that they accordingly are entitled to compensation for their losses. But on the view I take of the factual circumstances, they cannot succeed in negligence or under Rylands v. Fletcher and their case must stand or fall in nuisance. Before exploring that basis of tort liability, I should pause to outline in brief my reasons for rejecting the alternate bases upon which redress is claimed.
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