Facts
- Lightning set fire the defendant’s tree
- Although the defendant had the means to put the fire out, he chose to let it burn out
- The fire spread to a neighbours adjoining property, causing damage
Issue
- Was the defendant liable for not acting and allowing the fire spreading; could a duty be owed to an adjoining neighbour
Decision
- Liability allowed
Reasoning
- 3 conditions were set for adjoining neighbour cases. The defendant satisfied them all
- The defendant must have knowledge of the danger
- The damage must have been a foreseeable consequence
- The defendant must have had the ability to abate the foreseeable consequence occurring