Can a plaintiff bring a claim under the rule in Rylands v Fletcher for non-natural use of their land?
British Columbia, Canada
The following excerpt is from John Campbell Law Corp. v. Owners, Strata Plan 1350, 2001 BCSC 1342 (CanLII):
From the above analysis, I conclude that the defendants' use of a sewer pipe within their building and passing through their land and an adjoining easement to the sewer main was not a non-natural use of their land. For that reason, I conclude that the plaintiff's claim under the rule in Rylands v. Fletcher must fail.
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