Last updated on May 18th, 2018
Google Inc. v. Equustek Solutions Inc. is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine whether a British Columbia company could seek a worldwide injunction to to enjoin Google from displaying any part of another company’s websites on any of Google’s search results worldwide.
0:56 – An overview of the facts of the case. Equustek, a small technology company in British Columbia launched an action against Datalink, a former distributor who allegedly copied and sold their product. Datalink left British Columbia and continued to carry on its business from an unknown location. Equustek sought a worldwide interlocutory injunction to enjoin Google from displaying any part of Datalink’s websites on any of its search results worldwide.
6:30 – An overview of the test for an interlocutory injunction. There needs to be (1) a serious issue to be tried, (2) irreparable harm, and (3) the balance of convenience must favour the party seeking the injunction.
7:40 – Can someone seek an injunction against a non-party?
9:40 – Can a British Columbia court issue a world wide injunction against a company? In this case, it is appropriate for a British Columbia court to order Google to de-index a website from its search engines globally rather than just in British Columbia or Canada?
14:40 – Would requiring that Google de-index websites breach Google’s freedom of expression?
16:45 – Is there a risk of inconsistent judgements where courts start making global declarations as to what a company should do which render it impossible for the company to do both?
24:00 – An overview of the dissent. Should an injunction be granted if it will be difficult to enforce?
36:20 – Dan talks about how he balances being a poet and being a lawyer.
44:30 – What advice does Dan have for people who feel guilty whenever they are doing non-law activities?