What is the difference between the opinions in Tock v Fletcher and Rylands v Fletcher?
Nova Scotia, Canada
The following excerpt is from Willis v. Halifax (Regional Municipality), 2009 NSSC 244 (CanLII):
There were three opinions in Tock, and Justice Sopinka wrote the third. He implicitly accepts that Rylands v. Fletcher does not apply. The disagreement among the three concerned restrictions or the defence of statutory authority.
The reasoning in Tock on the subject of Rylands v. Fletcher applies as much to a sanitary sewer and a treatment plant as it does to storm drainage and storm sewers. Nuisance Generally
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