Is there a genuine issue requiring a trial for public nuisance?
Ontario, Canada
The following excerpt is from Chrysanthis v Rutkowska, 2015 ONSC 7236 (CanLII):
The boulder’s escape from the scoop was, at its highest, an inadvertent short-term occurrence. The plaintiff has conceded that he has no evidence of negligence on the part of Rutkowska or Tran. As such, there is no genuine issue requiring a trial with respect to the plaintiff’s claim for public nuisance. The Rule in Rylands v. Fletcher
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