What is the test for the doctrine of Rylands v Fletcher when a single disastrous escape occurs over a continuous period of time?
British Columbia, Canada
The following excerpt is from Anmore Development Corp. v. The City of Burnaby et al, 2005 BCSC 1477 (CanLII):
It is the second principle above that is relevant to this case and upon which I rely to dispose of the claim based on the doctrine of Rylands v. Fletcher. In this case, there was no single disastrous escape. The waste 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 applies to a continuous nuisance, which is what happened here.
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