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ARTICLE · 14 MARCH 2016

Leave To Appeal To SCC: Google Inc v Equustek Solutions Inc (BCCA)

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On February 18, 2016, the Supreme Court of Canada granted Google Inc's application for leave to appeal from the British Columbia Court of Appeal in Equustek Solutions Inc v Jack.

CanadaIntellectual Property
Adam Bobker
Adam Bobker
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On February 18, 2016, the Supreme Court of Canada granted Google Inc's ("Google") application for leave to appeal from the British Columbia Court of Appeal in Equustek Solutions Inc v Jack, 2015 BCCA 265, which upheld an order requiring Google to de-index certain webpages from its search results worldwide.

In December 2012, Equustek Solutions Inc ("ESI") was granted an order prohibiting Morgan Jack and Datalink Technologies Gateway Inc ("the Defendants") from selling counterfeit ESI products through various websites. Operating entirely as a virtual company, the Defendants refused to comply with court orders to shut down their websites. Google voluntarily removed specific URLs requested by ESI, but only on (www.google.ca) and not (google.com).

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