Order Against Google Upheld By B.C. Court

The Court of Appeal for British Columbia (the Court of Appeal), in a decision involving allegations of counterfeit computer parts, recently upheld an interlocutory injunction prohibiting Google Inc. (Google) from including a foreign website in its search results.¹ The Court of Appeal found it had jurisdiction over Google because Google carried on business in British Columbia, even though it did not have a physical presence in the province, since it collected data, offered search results and advertised in the province, and determined that an order with international effect was required to protect the plaintiffs' interests.

What You Need To Know

• Companies that operate over the Internet may be found to be "carrying on business" in Canada even if they do not have a physical presence in the country. This decision has ramifications for Internet infrastructure companies, and is also relevant to companies seeking redress for counterfeit goods/anti-competitive behaviour,