What is the test for strict liability in the context of the doctrine of Rylands v Fletcher?
Ontario, Canada
The following excerpt is from CNR v. Weyerhaeuser, 2018 ONSC 2056 (CanLII):
Under the doctrine of Rylands v. Fletcher, strict liability will be imposed where the defendant makes a non-natural use of land that results in an escape of something likely to do mischief, causing injury. Where a non-natural use of land permits a collection or accumulation of water, strict liability will ensue if that water subsequently escapes, causing injury: Rylands v. Fletcher, (1868), L.R. 3 H.L. 330.
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