In a recent decision by the British Columbia courts (Equustek Solutions Inc. v
Jack , 2014 BCSC 1063), Google has been ordered
to de-index a website selling goods that were the subject of
intellectual property (IP) infringement claims. While this may seem
quotidian - after all, Google does comply with de-indexing requests
on a regular and voluntary basis - this decision has broader
implications for several reasons. This decision is the first
Canadian decision to compel Google to delist a website after the
so-called "right to be forgotten" case in the EU, and
while that case involved personal privacy rights rather than IP
rights, both cases have far-reaching implications for Google's
role in providing a practical remedy for an aggrieved party. This
is a role that Google has resisted, but cannot avoid in light of
its ever-expanding presence in the lives of individuals and the
affairs of business.
