This was an Application by the Defendant, Wood Group Canada Inc., for an Order compelling the Plaintiff to respond to Undertakings.  The Plaintiff refused to respond to some Undertakings, stating they were irrelevant, immaterial, or overly onerous. Associate Chief Justice Nixon considered Rule 1.2 and held that all relevant and material questions must be answered whether helpful or not.

The Court went on to consider Rule 5.2, which defines what is considered relevant and material. Nixon ACJ also considered Rule 5.25, which describes which questions must be answered. Associate Chief Justice Nixon noted the distinction between facts and evidence. The Court found that facts which enable a party to know what the case is are discoverable, while evidence which enables a party to know how the case will be proved is not.

The Plaintiffs were directed to answer questions which were relevant and material to the issues. Where the Court determined that the Defendants were on a “fishing expedition”, the Plaintiffs were not directed to respond to those Undertakings.