Green-Fields Enterprises Inc. v Nufarm Agriculture Inc., 2012 ABQB 689

The Plaintiff owned a farming business. The Defendant was a federal corporation, incorporated pursuant to the laws of the Province of Alberta and carried on the business as a retailer of crop input products. The Plaintiff purchased herbicide which was manufactured and distributed by the Defendant. The Plaintiffs claimed that the herbicide did not control their canola, and they suffered a loss of 720 acres. In the course of questioning, the Defendant's representative declined to answer certain questions on the advice of counsel. Application by the Plaintiffs to compel answers to undertakings sought from Defendants. The Defendant's position was that it should not be required to provide answers on the basis that the questions were irrelevant to the Plaintiff's cause of action, they were unduly onerous to answer, or the materials were covered by litigation privilege. The Court held that in accordance with Rule 5.1(1) of Alberta's Rules of Court, the unanswered questions would be of neither primary nor secondary relevance and were not material to the issues raised in the pleadings. The Defendants were successful in the action and were entitled to their costs.