Whitecap Resources Inc. v Pulse Seismic Inc. - 2026 Comp Trib 18 - Confidentiality Order - CT-2026-003

Whitecap Resources Inc. v Pulse Seismic Inc. - 2026 Comp Trib 18 - Confidentiality Order - CT-2026-003

The Tribunal concluded that a confidentiality order is necessary and should be issued in substantially the parties' proposed form, with defined Levels A, B and C and prescribed access limitations because affidavit evidence and submissions will include competitively sensitive information (prices, contracts, financials, plans) that could cause specific and direct harm if public; the order establishes who may access each level, permits up to six in‑house counsel and one additional designate per party subject to undertaking and Tribunal objection, requires public redacted versions, and preserves the Tribunal's jurisdiction to resolve disputes and to vary the order.

Citation
2026 Comp Trib 18
Parties
Applicant: Whitecap Partnership by its managing partner Whitecap Resources Inc.; Respondent: Pulse Seismic by its managing partner Pulse Seismic Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
21 April 2026
Procedural Posture
Application for Leave Under Section 103.1 of the Competition Act / Decision on Written Record; Confidentiality Order Issued
Outcome
Confidentiality order granted for the leave application under s.103.1, with defined Level A/B/C protections and related procedural requirements.
Legal Topics
Leave Under S.103.1, Confidentiality Orders, Protective Orders, Designation of Confidential Information, Access Restrictions for Counsel and Experts
Source Language
English
Competition Law Confidentiality Law Civil Procedure Leave Under S.103.1 Confidentiality Orders Protective Orders Designation of Confidential Information Access Restrictions for Counsel and Experts

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Parties

Whitecap Partnership by its managing partner Whitecap Resources Inc.

Applicant

Pulse Seismic by its managing partner Pulse Seismic Inc.

Respondent

Procedural Posture

Application for Leave Under Section 103.1 of the Competition Act / Decision on Written Record; Confidentiality Order Issued

Legal Issues

  1. 1 Whether a confidentiality order should be issued for the leave application under s.103.1
  2. 2 What categories/levels of confidentiality (Level A, B, C) are appropriate
  3. 3 Who may be designated as Designated Representatives and limits on those designations

Ratio Decidendi

The Tribunal concluded that a confidentiality order is necessary and should be issued in substantially the parties' proposed form, with defined Levels A, B and C and prescribed access limitations because affidavit evidence and submissions will include competitively sensitive information (prices, contracts, financials, plans) that could cause specific and direct harm if public; the order establishes who may access each level, permits up to six in‑house counsel and one additional designate per party subject to undertaking and Tribunal objection, requires public redacted versions, and preserves the Tribunal's jurisdiction to resolve disputes and to vary the order.

Court Disposition

Confidentiality order granted for the leave application under s.103.1, with defined Level A/B/C protections and related procedural requirements.

Orders

  • Confidentiality order issued defining Protected Records and Levels A, B and C
  • Level A Protected disclosure limited to outside counsel, tribunal personnel, Independent Experts and the Commissioner and staff