The Discovery Process in Alberta: Questioning, Undertakings, and Compliance

In October 2023, a commercial landlord in a small town in Alberta commenced an action against a former tenant—a regional logistics company that had occupied a 45,000-square-foot warehouse facility—seeking $340,000 in unpaid rent, restoration costs, and damages for alleged environmental contamination of the property. The logistics company filed a defence denying liability and counterclaiming $185,000 for wrongful termination of the lease.

During questioning of the logistics company's operations manager, counsel for the landlord posed 23 questions about waste disposal practices and maintenance records. The operations manager refused to answer 14 of those questions, claiming the information was confidential. She also gave 8 undertakings to produce internal inspection reports but failed to deliver any documents within the agreed 30-day period. The landlord has now brought an application seeking to compel answers, enforce the undertakings, and strike the defence if compliance is not forthcoming.

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