What is the test for foreseeability in determining liability in negligence?
Ontario, Canada
The following excerpt is from Smith v. Inco Limited, 2011 ONCA 628 (CanLII):
We will, however, make two observations that may be of assistance in future cases. First, foreseeability can refer to objective foreseeability of the escape from the defendant's land of the thing that causes damage or it can refer to objective foreseeability of the kind of damage said to have been caused. We see no reason to require foreseeability of the escape. To impose that requirement would all but merge the rule in Rylands v. Fletcher with liability in negligence.
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