Canada Case Law

Blanchette v. Wilcraft Concrete Services Ltd.

Court

Nova Scotia Small Claims Court

On the balance of probabilities the adjudicator found debris that struck the claimant's vehicle originated from the defendant's worksite, the defendant's evidence did not rebut the permissible inference of negligence, and the activities constituted a non-natural use of land such that the rule in Rylands v. Fletcher also imposed strict liability; accordingly defendant liable for claimant's loss.

Source excerpt

• Property damage to chattel
• Rylands v. fletcher
• Private nuisance
• Circumstantial evidence / res ipsa loquitur
• Standard of proof

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Mineault v. Kamloops (City)

Court

Supreme Court of British Columbia

A summary trial found a leaking backyard irrigation system caused undermining of a neighbour’s driveway. Rylands v. Fletcher failed, but negligence succeeded.

• Rylands v. fletcher
• Non-natural use
• Duty of care between neighbours
• Causation (but for and remoteness)
• Damages and mitigation
• Pre-judgment interest

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Gallant v. Slootweg

Court

Supreme Court of British Columbia

The court held the defendants liable after their dog knocked a cyclist from his bike, finding scienter and negligence on the facts and awarding $39,118 in damages.

• Scienter doctrine
• Duty of care
• Damages assessment
• Electronic fence liability
• Scienter
• Negligence

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Charlton v. Abbott Laboratories, Ltd.

Court

Supreme Court of British Columbia

The court dismissed Abbott’s application for pre-certification production of representative plaintiffs’ medical and pharmacy records in a Sibutramine class action.

• Pre-certification disclosure
• Medical records production
• Causation
• Representative plaintiff adequacy
• Preferable procedure
• Predominance

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Wm. L. Chafe and Son Limited v. Murphy

Court

Newfoundland and Labrador Court of Appeal

Property owners owe a duty to take reasonable care to prevent foreseeable damage to adjoining properties (including fire), but whether a duty is breached depends on foreseeability, knowledge and the reasonableness of preventative measures; on the facts the Murphys had no indication of defect and did not breach the standard, so no liability arose and the appeal is dismissed.

Source excerpt

• Duty of care
• Standard of care
• Rylands v. fletcher
• Escape of fire
• Business interruption
• Appellate review standards

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Wyman v. Fammarz S.R.L.

Court

Supreme Court of British Columbia

The court largely upheld a product-liability pleading, finding that allegations of knowledge, prior warnings, and failure to warn were material facts. Only paragraph 17 was struck.

• Rule 19 striking pleadings
• Duty to warn
• Particularity of pleadings
• Scandalous pleadings
• Knowledge as element of damages
• Pleading

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NS Power Inc. v. Croft

Court

Supreme Court of Nova Scotia

The appeal is dismissed because the Small Claims adjudicator sufficiently considered the legal issues and there was no clear error in his factual findings or in his interpretation and weighing of the expert report; the expert report was insufficiently clear on the counterfactual 'natural conditions' and therefore did not undermine the adjudicator's conclusion that NSP failed to protect the claimant, and appellate deference to the adjudicator is required under Brett.

Source excerpt

• Duty of care
• Standard of care
• Rylands v. fletcher
• Admissibility and weight of expert evidence
• Standard of appellate review of small claims findings

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Tock v. St. John's Metropolitan Area Board

Court

Supreme Court of Canada

The Supreme Court of Canada held that a municipality could be liable in nuisance for basement flooding from a blocked sewer, and that Rylands v. Fletcher did not apply.

• Public body liability
• Defence of statutory authority
• Rylands v. fletcher
• Non‑natural user
• Inevitable consequences doctrine
• Nuisance

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Crown Diamond Paint Co. Ltd. v. Acadia Holding Realty Ltd.

Court

Supreme Court of Canada

The Supreme Court of Canada allowed the appeal in a flooding dispute, holding the respondent negligent and remitting the case to assess damages.

• Rylands v. fletcher
• Foreseeability
• Duty to warn/mitigate
• Escape of water
• Non-natural use
• Negligence

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Stephen v. McNeill

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed an appeal in a fire-damage negligence case, holding the plaintiffs failed on the facts because an unauthorized third party likely caused the fire.

• Escape of fire
• Rylands v. fletcher
• Unauthorized act of third person
• Causation
• Findings of fact
• Torts

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