Does the Statement of Claim Disclose a Cause of Action for assault?
Saskatchewan, Canada
The following excerpt is from Brooks v. Canadian Pacific Railway Ltd., 2007 SKQB 247 (CanLII):
The plaintiffs’ claim does not disclose a reasonable cause of action under the Rylands v. Fletcher principle. The pleadings are deficient primarily because the facts do not allege or establish that any dangerous thing escaped nor do they allege that damage was caused to the plaintiffs’ property or person as a result of the escape. There is no plausible basis for supposing the defendants could be liable to the plaintiffs’ claim under the principle in Rylands v. Fletcher. 3. Does the Statement of Claim Disclose a Cause of Action for Assault?
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