Background: Delmac, previously a wholesale marketer for Suncor in Yellowknife and later in Medicine Hat, disputes payments related to profit sharing agreements with Suncor, termed as "positive sharing" and "negative sharing."

• "Positive sharing" refers to profit payments Delmac made to Suncor.
• "Negative sharing" pertains to reimbursements from Suncor to Delmac for losses.

Litigation Focus:

• Delmac contests Suncor's claim to a "positive sharing" payment of approximately $212,000.
• Delmac asserts it is entitled to 90% of its losses from Suncor under "negative sharing" terms after ending their business relationship in Medicine Hat.

Document Production Dispute: Delmac seeks additional documentation on profit-sharing arrangements between Suncor and other wholesale marketers to support its case, arguing there is no written agreement detailing the profit and loss sharing specifics with Suncor.

Court's Analysis:

• The court analyzes whether historical financial conduct between Suncor and other marketers is relevant to Delmac's claims.
• Expert evidence is considered crucial for determining relevant documents for the trial.

Decision:

• The court decides against requiring Suncor to produce documents related to other Alberta wholesalers, reasoning that the circumstances and operations of different marketers vary significantly.
• This decision highlights the challenge of proving differential treatment without showing identical operational circumstances.
• The decision on costs was deferred.

Expert Reports:

• Delmac's expert suggests that profit-sharing thresholds were not consistently applied and lacked a clear formula.
• Suncor's expert counters that profit-sharing arrangements are tailored individually based on specific market conditions and risks.