What is the test for negligence in the context of natural use of land?
Saskatchewan, Canada
The following excerpt is from Lawrysyn v. Kipling (Town), 1964 CanLII 399 (SK QB):
Having decided as I have done, it is probably unnecessary for me to deal with the defendant’s suggestion that the rule in Rylands v. Fletcher does not apply because the use of its land by the defendant for a lagoon was a natural use and the defendant must be found guilty of negligence. Learned counsel quoted many cases on the point: See Charlesworth on Negligence, 4th ed., p. 512, at par. 512: “ * * * the distinction between natural and non-natural use of land is one which it is impossible to draw with accuracy.”
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