2026/03/26 2026-003 1 File No.: ______________________________ THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the "Act"); AND IN THE MATTER OF an application by Whitecap Partnership by its managing partner Whitecap Resources Inc. for an order pursuant to section 103.1 of the Act granting leave to bring an application under section 74.1(1) of the Act; AND IN THE MATTER OF an application by Whitecap Partnership by its managing partner Whitecap Resources Inc. for one or more orders pursuant to section 74.1(1) of the Act; BETWEEN: WHITECAP PARTNERSHIP by its managing partner WHITECAP RESOURCES INC. Applicant – and – PULSE SEISMIC by its general partner PULSE SEISMIC INC. Respondent
NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act) TAKE NOTICE THAT:
1. The Applicant will make an application to the Competition Tribunal (the "Tribunal") on a date and time to be set by the Tribunal at Ottawa or Toronto, Ontario, pursuant to section 103.1 of the Competition Act (the "Act") seeking leave to bring an application for:
(a) An Order pursuant to section 74.1(1) of the Act prohibiting Pulse Seismic, by its general partner Pulse Seismic Inc. ("Pulse"), from engaging in practices of anti-competitive acts,
including making false and misleading representations to the public as to the "ordinary price" of Pulse's seismic data;
(b) An Order pursuant to section 74.1(1) requiring Pulse to publish or otherwise disseminate a notice, to bring attention to the class of persons likely to have been reached or affected by the conduct, that Pulse has made false or misleading representations about the "ordinary" price of its seismic data pursuant to subsections 74.01(1) and 74.01(3) or the Act;
(c) An Order pursuant to section 74.1(1)(d) of the Act requiring Pulse to pay an amount, not exceeding the total of the amounts paid to Pulse for the products in respect of which the conduct was engaged in, to be distributed among the Applicant and any other person affected by Pulse's conduct, in any manner that the Tribunal considers appropriate;
(d) An Order directing Pulse to pay costs;
(e) An Order for costs if the within Application is opposed; and
(f) Such further and other relief as the Applicant may request and the Tribunal deems just.
Dated at Calgary this 25 th day of March 2026.
BURNET, DUCKWORTH & PALMER LLP
P er: Craig O. Alcock Counsel for the Applicant, Whitecap Partnership by its managing partner Whitecap Resources Inc.
Burnet, Duckworth & Palmer LLP 2400, 525 – 8 th Ave S.W. Calgary, AB T2P 1G1
Telephone: 403-260-0120 E mail: coa@bdplaw.com
TO: The Registrar Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4 Tel: 613-957-7851 Fax: 614-952-1123
AND TO: Jeanne Pratt Commissioner of Competition Competition Bureau 50 Victoria Street Gatineau, QC K1A 0C9 Tel: 819-997-4282 Fax: 819-997-0324
AND TO: Pulse Seismic Inc. Suite 2700, 421 – 7 Avenue SW Calgary, AB T2P 4K9
File No.: ______________________________ THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34 (the "Act"); AND IN THE MATTER OF an application by Whitecap Partnership by its managing partner Whitecap Resources Inc. for an order pursuant to section 103.1 of the Act granting leave to bring an application under section 74.1(1) of the Act; AND IN THE MATTER OF an application by Whitecap Partnership by its managing partner Whitecap Resources Inc. for one or more orders pursuant to section 74.1(1) of the Act; BETWEEN: WHITECAP PARTNERSHIP by its managing partner WHITECAP RESOURCES INC. Applicant – and – PULSE SEISMIC by its general partner PULSE SEISMIC INC. Respondent
NOTICE OF APPLICATION FOR LEAVE (Pursuant to section 103.1 of the Competition Act) BURNET, DUCKWORTH & PALMER LLP 2400, 525 – 8 th Ave S.W. Calgary, AB T2P 1G1 Craig Alcock (coa@bdplaw.com) Lisa Manners (ljm@bdplaw.com) Tel: 403-260-0120 Lawyers for the Applicant, Whitecap Partnership by its managing partner Whitecap Resources Inc.