2024 ABKB 491 Decision:

• Geophysical Service Incorporated (GSI) alleged that Canadian Natural Resources Limited (CNRL) wrongfully possessed and used its seismic data, claiming copyright infringement, breach of confidence, unjust enrichment, conversion, and detinue.
• CNRL applied for summary dismissal of GSI’s claims, arguing they were barred by a prior Consent Dismissal and the 10-year limitation period.
• The court ruled that:
  • GSI’s claims were filed beyond the 10-year limitation period.
  • CNRL’s incorrect affidavit statements regarding possession of seismic data were mistakes, not fraud.
  • GSI’s claims were substantially the same as those dismissed in the earlier Consent Dismissal.
  • Consequently, GSI’s claims were summarily dismissed, and CNRL was awarded costs, with the amount to be determined later?.

2025 ABKB 60 Decision (Costs Award):

• CNRL and GSI could not agree on costs, leading to further court determination.
• CNRL sought costs based on either:
  • A percentage of incurred costs ($618,224.58 in legal fees, requesting at least 75%).
  • Schedule C approach, adjusted with multipliers.
• The court considered factors including:
  • CNRL’s complete success in the case.
  • The $43 million claim by GSI.
  • GSI’s unfounded fraud allegations.
  • GSI’s rejection of settlement offers.
• The court ultimately awarded CNRL $405,000 in lump sum costs, inclusive of legal fees, multipliers, and disbursements?.

Final Outcome:

• GSI’s claims against CNRL were dismissed.
• CNRL was awarded $405,000 in costs against GSI.