Does the expansion of strict liability under the banner of Rylands v. Fletcher to all hazardous activities such as sewage blockage in all hazardous areas?
Ontario, Canada
The following excerpt is from Smith v. Inco Limited, 2011 ONCA 628 (CanLII):
More importantly, the expansion of strict liability under the banner of Rylands v. Fletcher to damages flowing from all hazardous activities is inconsistent with the description of the rule in Rylands v. Fletcher found in Tock. In Tock, a sewage system operated by the defendant failed after an exceptionally heavy rainfall. A large amount of water flooded the plaintiff's basement causing extensive damage. The flooding was caused by a blockage in the sewage system.
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