What is the test for determining if a plaintiff has a valid claim against a railway company?
Saskatchewan, Canada
The following excerpt is from Montreal Trust Co. v. Williston Wildcatters Corp., 2003 SKQB 360 (CanLII):
It will be noted that here also the court focussed on the circumstances as at the commencement of the action as was done in Rex v. Canadian Pacific Railway, supra.
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