Geophysical Service Incorporated v Husky Oil Limited, 2018 ABQB 622
Read full decision. Summary prepared by Alan Macek:
This is an interlocutory application by the Plaintiff, Geophysical Service Incorporated (“GSI”) to amend its twice (2x) amended Statement of Claim. GSI seeks the court’s permission to do so as the pleadings have long since closed, documents have been produced and questioning of both parties has been conducted. The Defendants, Husky Oil Limited and Husky Oil Operations Limited (“Husky”) oppose several but not all of the proposed amendments on the basis that they raise new causes of action that are either barred by the expiration of one or more limitation periods and cannot be saved by s 6(2) of the Limitations Act or are hopeless or both. Pursuant to a prior decision of this court in this action and 25 related actions by GSI, upheld on appeal, and referred to as the Common Issues Decision, there has been a determination that GSI’s seismic data is subject to copyright and that GSI is the owner of the copyright, albeit subject to the Regulatory Regime discussed therein: Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230. This action is centered on allegations by GSI that Husky improperly used its confidential, proprietary copyright protected seismic data within the four corners of the MA and the ongoing relationship between them. GSI now proposes amendments that allege for the first time that the relationship also includes it and Husky’s predecessors potentially dating back to 1970.