Fordham Law School has the best annual intellectual property conferences. I had the privilege of speaking at its 25th Annual IP Conference yesterday on the Equustek v Google case. In this case the Supreme Court of Canada is being asked to decide if Canadian courts have the jurisdiction to make global de-indexing orders against search engines like Google, and if so, the factors to be considered in making such orders. My slides from the talk are shown below.
What made my talk such a treat, was the presence of Mr Justice Arnold in the audience. Justice Arnold is a distinguished jurist from the English High Court and author of numerous copyright and other intellectual property decisions. In particular, he decided Cartier International AG v. British Sky Broadcasting Limited,  EWHC 3354 (Ch.), a case which confirmed the equitable jurisdiction to make blocking orders against internet intermediaries. This decision was relied upon by the British Columbia Court of Appeal in Equustek Solutions Inc. v. Google, 2015 BCCA 265 in affirming the de-indexing order made by Chambers judge Fenlon in Equustek Solutions Inc. v. Jack, 2014 BCSC 1063. This could only happen at Fordham’s annual conference.Sookman_Fordham_Equustek v Google