On April 19, 2010, the Alberta Court of Appeal unanimously upheld a decision of the Honourable Mr. Justice Gill of the Court of Queen's Bench of Alberta (the superior trial court of the province) dismissing a $1.3 million product liability case against E.I. du Pont Canada Company.
The action dealt with purported economic losses suffered by the Plaintiffs in relation to their potato farming operation, wherein they sought damages relating to altered crop rotation and reduced yields, following a herbicide application by a previous farmer of the land. The case was framed as a negligent misrepresentation and failure to warn claim.
The Plaintiffs' case was dismissed in its entirety, 12 years after it was commenced, as a result of a non-suit application brought by DuPont after three weeks of trial. DuPont was awarded double costs of the action at trial. The appeal court confirmed the trial decision.
The Calgary office of Fasken Martineau was retained by DuPont in December 2004, following nine years of litigation, including a hearing at the Court of Appeal. Alex Kotkas and Katie Clayton were successful at trial in their non-suit application two and a half years after being retained.
NPS Farms Ltd. v. E.I. Dupont Canada Company, 2010 ABCA 124