Background

• History: GSI, a seismic data service company, alleged CNRL and its predecessors wrongfully possessed and used GSI's seismic data without proper licensing.
• Agreements: Disputed agreements include those with Norcen Energy Resources Ltd. and Champlin Petroleum Corporation.

Litigation History

• Old Action (2012): GSI sued CNRL, resulting in a 2018 consent order based on CNRL affidavits claiming no possession of GSI's data.
• New Action (2020): Filed by GSI after discovering CNRL had seismic data, alleging copyright infringement and other issues.

Key Issues and Court Decisions

1. Fraud Allegation: The court found CNRL’s affidavits were inaccurate due to error, not fraud.
2. Limitations Act: The New Action was barred by the 10-year limitation period; there was no fraudulent concealment by CNRL.
3. Summary Dismissal: CNRL’s application for summary dismissal was granted as GSI’s claims were filed too late.
4. Summary Judgment: GSI’s application for summary judgment was denied; there were genuine issues requiring a trial about CNRL’s use of the seismic data.

Conclusion

• CNRL’s application for summary dismissal: Granted.
• GSI’s application for summary judgment: Denied.

No monetary award was specified in the decision.