What is the doctrine of Rylands v Fletcher on nuisance claims?
British Columbia, Canada
The following excerpt is from City of Burnaby v. Thandi et al, 2005 BCSC 1478 (CanLII):
It is the second principle above that is relevant to this case and upon which I rely to dispose of the claim based in the doctrine of Rylands v. Fletcher. In this case, there was no single disastrous escape. The waste here was piled up over years. While a single escape can be a nuisance, I have seen no authority that suggests that the Rylands v. Fletcher doctrine applied to a continuous nuisance, which is what happened here.
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