What is the test for damages when a neighbour causes damage to a neighbour’s property?

Saskatchewan, Canada


The following excerpt is from Leibel v. South Qu'Appelle (Municipality), 1943 CanLII 179 (SK QB):

The object of the pleading is to bring the case within the principle laid down in Rylands v. Fletcher (1868) L.R. 3 H.L. 330, 37 L.J. Ex. 161, part of the headnote of which [in L.R. 3 H.L.] is as follows: “Where the owner of land, without wilfulness or negligence, uses his land in the ordinary manner of its use, though mischief should thereby be occasioned to his neighbour, he will not be liable in damages. “But if he brings upon his land any thing which would not naturally come upon it, and which is in itself dangerous, and may become mischievous if not kept under proper control, though in so doing he may act, without personal wilfulness or negligence, he will be liable in damages for any mischief thereby occasioned.”

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