Date: Fri, 23 Mar 2007 20:27

From: Lionel Smith

Subject: Contributory negligence in strict liability?

If the plaintiff is injured by the defendant's tiger (yes really) and relies on Rylands, can the defendant plead contributory negligence? Left open by a majority of the Ontario CA, by agreeing with the trial judge that there was no evidence of contributory negligence; it was the attack by the tigers which somehow opened the electric windows on the plaintiffs' car. Borins JA, dissenting, thought there should be an inquiry into contributory negligence.

Cowles v Balac.

Leave to appeal was denied by the SCC earlier this month.

Lionel

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