What are the factors required for the rule in Rylands v Fletcher to apply?
Ontario, Canada
The following excerpt is from Chrysanthis v Rutkowska, 2015 ONSC 7236 (CanLII):
There are four prerequisites for the rule in Rylands v. Fletcher to apply: ● the defendant made a “non-natural” or “special” use of his/her land; ● the defendant brought on to his/her land something that was likely to do mischief if it escaped; ● the substance in question in fact escaped; and ● damage was caused to the plaintiff’s property as a result of the escape.
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