When will the court grant relief under the Fletcher doctrine under the Rylands v. Fletcher doctrine?
Ontario, Canada
The following excerpt is from Gatta Homes Inc. v. St. Catharines (City), 2009 CanLII 66383 (ON SC):
Second, it is not open to the court after the passage of more than 30 years to conclude that the City’s use of this land constitutes a non-natural use of the property. The landfill site served an important civic function at one time and still does and there is no evidence before the court that its former operation or its closure has impacted adversely on the health or safety of adjoining land owners. There are no noxious materials escaping from the landfill site onto the plaintiff’s property. Accordingly, the plaintiff cannot be granted relief under Rylands v. Fletcher doctrine. X TRESPASS
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