What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property?

Saskatchewan, Canada


The following excerpt is from Atlas Service Centre Ltd. v. Spence, 1968 CanLII 515 (SK QB):

The foregoing paragraph is a paraphrase of the words of Talbot, J. in Brooke v. Bool [1928] 2 KB 578, at 587, 97 LJKB 511. He goes on: “The principle is that if a man does work on or near another’s property which involves danger to that property unless proper care is taken, he is liable to the owners of the property for damage resulting to it from the failure to take proper care, and is equally liable if, instead of doing it himself, he procures another, whether agent, servant or otherwise, to do it for him.”

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