Google’s attempt to argue that its lack of physical presence in Canada left it outside the jurisdiction of Canadian courts failed. On June 11, 2015, the B.C. Court of Appeal upheld an injunction prohibiting California-based Google Inc. from including specific websites of the defendants in results delivered by its search engines globally in Equustek Solutions Inc. v. Google Inc. (http://canlii.ca/t/gjgwv).
While Google was not a party to the action itself, the B.C. court found the order was within the jurisdiction and that the test for granting an injunction had been met. Google’s argument that the injunction violated its freedom of speech rights was rejected.
Google has no Canadian office; however, the court determined that key parts of its business were carried out within B.C. sufficient to bring the company within the jurisdiction, particularly because Google advertises to B.C. residents and gathers information by indexing websites that are either located in B.C. or the property of B.C. residents through its web crawler software “Googlebot”.
The court noted that courts of many jurisdictions have found it necessary in the context of “internet abuses” to grant orders with international effect.
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