Geophysical Service Incorporated v Canadian Natural Resources Limited, 2024 ABKB 491
2024-08-12
Read full decision. Summary prepared by Alan Macek:
Canadian Natural Resources Limited applies for an order to strike or to summarily dismiss the Statement of Claim filed by Geophysical Services Incorporated. GSI cross-applies for summary judgment, alleging that CNRL has no defence to its claims which include copyright infringement, breach of confidence, unjust enrichment, conversion and detinue. For the reasons that follow, I grant CNRL’s application for summary dismissal of GSI’s claims and dismiss GSI’s application for summary judgment. ... I do not accept that CNRL’s unknowing possession of GSI Seismic Data equates to use thereof. To the contrary, I find that CNRL’s failure to either delete or return the GSI Seismic Data was the natural result of being unaware of its existence. Accordingly, I find that GSI has not established on a balance of probabilities that CNRL has “no defence” to the claims set out in the New Action. Rather, while the fact of CNRL’s possession of GSI Seismic Data is undisputed, I find that there is a genuine issue requiring trial as to its use thereof, if any, and the consequences of such use.