What is the test for determining whether a defendant is liable for damages caused by a dog in a dog walk?
Ontario, Canada
The following excerpt is from Lyon v. Shelburne (Village), 1981 CanLII 2856 (ON SC):
The plaintiffs allege that the defendant is liable on the basis of three propositions in law: (a) the rule in Rylands v. Fletcher (1866), L.R. 1 Ex. 265; affirmed L.R. 3 H.L. 330, (b) nuisance and (c) negligence. The rule in Rylands v. Fletcher was expressed at p. 279 of the judgment of Mr. Justice Blackburn: We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
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