What is the test for directing a defendant to pay damages in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Maron v. R.A.E. Trucking & Distributing Ltd., 1981 CanLII 1160 (AB QB):
We next deal with the assertion by counsel for the plaintiffs that the defendants should be directed to pay damages on the basis of the rule in Rylands v. Fletcher. Prior to Rylands v. Fletcher damages were usually awarded only in cases where it was established that the defendant was guilty of an act or omission performed by intention or with inadvertence which resulted in injury to the plaintiff.
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