Serinus Energy PLC v SysGen Solutions Group Ltd
Serinus Energy PLC
Law Firm / Organization
McCarthy Tétrault LLP
SysGen Solutions Group Ltd.
Law Firm / Organization
McLennan Ross LLP
Lawyer(s)

Blake P. Hafso

·  Issue: The central issue revolves around whether SysGen, a commercial IT service provider, can reset its client’s (Serinus’) administrator account passwords without notice, under the pretext of protecting the client’s systems during a billing dispute. The court ruled that this conduct is impermissible.

·  Facts:

  • SysGen was Serinus’ IT service provider under a Field Service Maintenance Agreement (FSMA).
  • A billing dispute arose, and SysGen changed Serinus’ administrator passwords, locking them out of their own systems.
  • SysGen claimed this was to monitor a security threat, but failed to notify Serinus or return access.
  • Serinus had to "break into" its own systems to regain control.

·  Claims: Serinus claimed breach of contract, conversion (illegal possession of property), breach of fiduciary duty, and intrusion upon seclusion (privacy breach).

·  Court’s Findings:

  • Breach of Contract: SysGen breached the FSMA by locking Serinus out of its systems.
  • Conversion: SysGen’s actions amounted to conversion, as it unlawfully took control of Serinus’ IT assets.
  • No Fiduciary Duty: SysGen did not owe a fiduciary duty to Serinus.
  • No Intrusion Upon Seclusion: The court did not find that SysGen intruded on Serinus’ privacy in a manner warranting this claim.

·  Damages:

  • The court awarded Serinus compensatory and punitive damages, totaling $43,874.61 after offsetting SysGen’s counterclaims for unpaid invoices.
Court of King's Bench of Alberta
2001 07294
Civil litigation
$ 43,875
Plaintiff