In Club Resorts Ltd. v Van Breda, 2012 SCC 17, the Supreme Court clarified the rules for when a Canadian court can assume jurisdiction over a claim against a party located outside the jurisdiction. Specifically, it clarified the rules for applying the real and substantial test to determining if there is a sufficient connection between the subject matter of the action and the jurisdiction for determining jurisdiction simpliciter. The Van Breda case did not, however, address how that test would apply to cases involving infringement of copyright.
Archive for the ‘internet jurisdiction’ category
In an important decision rendered on June 13, 2014, a Canadian court ordered Google to block a website that was selling goods that violated the trade secrets of the plaintiffs. The plaintiffs obtained a default judgment against the defendants. But, the defendants continued to sell the offending goods over the Internet. The plaintiffs, unable to enforce their judgment, asked for Google’s help in blocking the website. Google voluntarily de-indexed specific URL’s requested by the plaintiffs, but this “whac-a-mole” process was ineffective. When Google refused to de-index the offending websites from its search results, the plaintiffs brought a motion against Google for interim relief requiring Google to de-index the websites. Over Google’s objections, in Equustek Solutions Inc. v. Jack 2014 BCSC 1063, Madam Justice Fenlon of the British Columbia Supreme Court granted the injunction.
Internet pharmacies selling drugs to Americans illegal: Ontario College of Pharmacists v Global Pharmacy CanadaJune 12th, 2013
The Ontario Court of Appeal confirmed in a decision released earlier this week that it is illegal to sell prescription drugs over the Internet to Americans where a substantial portion of the sales operations take place in Ontario when the seller is not licensed to operate a pharmacy in Ontario and otherwise does not comply with the laws and regulations governing pharmacies. In Ontario College of Pharmacists v. 1724665 Ontario Inc. (Global Pharmacy Canada), 2013 ONCA 381 the Court affirmed the decision of Justice Janet Wilson of the Superior Court of Justice who in Ontario College of Pharmacists v. 1724665 Ontario Inc., 2012 ONSC 5804 concluded that the appellants were selling prescription drugs, by retail, in Ontario; and were subject to the jurisdiction of the Ontario college of Pharmacists.