Does the rule in Rylands v Fletcher apply?
Saskatchewan, Canada
The following excerpt is from Denys v. Gabel, 2003 SKPC 97 (CanLII):
I therefore conclude that the rule in Rylands v. Fletcher does not apply, and that insofar as the rule is concerned the defendant is not liable for the consequences of the escaping fire. Alternate Ground of Liability -- Negligence
As noted in the chapter concerning liability for fire in Fleming on Torts, 8th edition (1992), "Failing Rylands v. Fletcher, the plaintiff is remitted to proving negligence". The plaintiffs' Statement of Claim alleges negligence, as well as strict liability.
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