Posts Tagged ‘Equustek’

The Unintended Equustek Effect: a reply to Michael Geist

April 2nd, 2019

Cyberspace is not a “No Law Land”. That was the title to a study conduced for Industry Canada in 1997. It started with this quote from Bill Gates, Microsoft’s co-founder:

It’s always surprising how old concepts carry into the new medium. It’s overly idealistic to act like, Oh, the Internet is the one place where people should be able to do whatever they wish: present child pornography, do scams, libel people, steal copyrighted material. Society’s values have not changed fundamentally just because it’s an Internet page.

Equustek decision to be released soon by Supreme Court of Canada

June 12th, 2017

The decision of the Supreme Court of Canada in the Equustek v Google case is likely going to be an important precedent. It will decide whether a Canadian common law court has the jurisdiction to grant de-indexing orders against search engines to aid in enforcing court injunctions, and if it does, the test to apply in making such orders.

The Supreme Court has invited counsel for the parties to make comments on a possible media lock-up immediately prior to the release of the decision by the court. The purpose of lock-ups, as explained in the court’s procedure, “is to facilitate accurate and informed reporting of the Court’s judgments”.

Google v Equustek at the Supreme Court

December 6th, 2016

The argument in the Google v Equustek Supreme Court case is about to start. An issue in the case is whether a court has a right to grant a de-listing order against a search engine to assist in enforcing a prior injunction granted by the court. The decisions of the courts appealed from are summarized here.

All of the factums  can be retrieved from the Supreme Court website. The webcast can be viewed here.

I did a presentation on the case several months ago highlighting what is in issue in the case. My slides are set out below.