Schunicht v. Tiede, (1979) 20 A.R. 606 (QB)

• Judge: Crossley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 14, 1979
• Citations: (1979), 20 A.R. 606 (QB)

Schunicht v. Tiede (1979), 20 A.R. 606 (QB)

MLB headnote and full text

Schunicht v. Tiede

(133476)

Indexed As: Schunicht v. Tiede

Alberta Court of Queen's Bench

Judicial District of Calgary

Crossley, J.

December 14, 1979.

Summary:

This headnote contains no summary.

Torts - Topic 732

Negligence - Airplanes - Aerial spraying - The Alberta Court of Queen's Bench held the defendant liable in negligence, where he sprayed his own land with a herbicide which drifted onto and damaged his neighbour's land - See paragraph 9.

Torts - Topic 2102

Strict liability - Dangerous things or activities - Aerial spraying - The Alberta Court of Queen's Bench allowed a farmer's action in nuisance, where his neighbour sprayed a herbicide from an airplane over his own land and the spray drifted onto the plaintiff's land and damaged his crops - The Court of Queen's Bench applied the Rule in Rylands v. Fletcher.

Cases Noticed:

Lickosh v. Madu, [1973] 2 W.W.R. 127, dist. [para. 7].

Mihalchuk v. Ratke et ux; Kwasnuik v. Ratke et ux (1966), 55 W.W.R.(N.S.) 555, appld. [para. 7].

Rylands v. Fletcher (1868), L.R. 3 H.L. 330; 37 L.J. Ex. 161, appld. [para. 8].

Counsel:

J.T. Durham, for the plaintiff;

P.T. McCarthy, for the defendant.

This case was heard at Calgary, Alberta, before CROSSLEY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on December 14, 1979: