Background:
AGT Food and Ingredients Inc., AGT Foods Switzerland SA, and Alliance Pulse Processors Inc. (collectively, "AGT") filed a lawsuit against Fibreco Export Inc. ("Fibreco") over damages related to a Terminal Services Agreement (TSA) for handling agriproducts at Fibreco’s marine terminal in North Vancouver. The dispute stemmed from silo collapses and construction defects that caused delays and losses to AGT.

Legal Issues:

• Breach of Contract & Negligence: AGT claimed Fibreco failed to manage terminal construction properly, leading to delays and damages. Fibreco argued that force majeure events excused performance.
• Insurance Disputes: Fibreco sought documents related to AGT’s insurance claims, asserting a waiver of subrogation defense under the TSA.
• Document Production: Fibreco requested extensive internal AGT communications, contracts, and insurance documents to support its defense. AGT opposed on relevance and proportionality grounds.

Ruling & Costs:
The court granted Fibreco’s request for document production, rejecting AGT’s objections. Justice Masuhara ruled the requested documents were relevant and ordered AGT to produce them. The court awarded costs at Scale B in favor of Fibreco. If the parties did not address costs within 10 days, Fibreco was entitled to recover the awarded costs.