Geophysical Service Inc. v. Canada, 2018 FC 670
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The Plaintiff, Geophysical Service Incorporated (“GSI”), has brought this action seeking indemnification by way of damages and other relief from Her Majesty the Queen in right of Canada and in right of several provinces for what it claims is the de facto expropriation of its intellectual property rights over seismic data it has either acquired from its predecessor or collected. The Court is seized of the Defendant Her Majesty the Queen in Right of Canada’s motion for an order striking out the Statement of Claim. ... De facto expropriation is the statutory taking of property rights by the Government. It is trite that there can be no taking of a right that never accrued. Given the judgements in GSI v EnCana [see 2016 ABQB 230, upheld at 2017 ABCA 125], it is plain and obvious that nothing was taken by the statutory scheme that GSI ever had. Rather, the copyright created pursuant to the statutory scheme over the data was one that was limited and encumbered, from its inception, by the disclosure provisions of the scheme. To the extent GSI’s claim is based on the law of expropriation, it is a claim for the loss of a right it never had. Such a claim is destined to fail and must be struck.
Decision relates to:
- T-1023-17 - GEOPHYSICAL SERVICE INC. v. HMTQ IN RIGHT OF NEWFOUNDLAND AND LABRADOR et al