Geophysical Service Incorporated v Canadian Natural Resources Limited, 2025 ABCA 426
2025-12-23
Read full decision. Summary prepared by Alan Macek:
In November 2012, the appellant filed a statement of claim alleging, in part, that the respondent was liable for breach of contract, copyright infringement, contractual interference, conversion and unjust enrichment because it possessed, distributed and used the appellant’s seismic data without permission. ... The chambers judge (2024 ABKB 491) determined the underlying action was statute barred by operation of the 10-year ultimate limitation period. The appellant argues the chambers judge erred by holding the limitation period was not suspended on account of fraudulent concealment. ... She highlighted the respondent’s uncontroverted evidence that the boxes had been packed up in 2006 to be sent to Anadarko Petroleum, were not sent to Anadarko Petroleum for reasons it did not know, and sat unopened and unused until they were discovered in 2020. ... [t]he findings of inadvertent error and simple mistake were amply supported on the record before the chambers judge, and they are owed deference on appeal.