What is the current state of the law on strict liability in cases like Rylands v Fletcher?
Ontario, Canada
The following excerpt is from Smith v. Inco Limited, 2011 ONCA 628 (CanLII):
The two risks described above are quite different. The risk addressed in Rylands v. Fletcher is a more limited one, imposing strict liability for things that go wrong and produce unintended consequences that damage the property (or perhaps the person) of another. The trial judge overstated the rationale for Rylands v. Fletcher strict liability when he described it as applicable to damages caused by activities which create "an abnormal risk of harm".
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