Google has been ordered by the Supreme Court of Canada to
remove, or de-index, a company's website from its search
results – worldwide. (See Google v Equustek)
The Datalink defendants (Datalink) were distributors of Equustek
Solutions Inc.'s (Equusteck) networking devices and were found
to be passing off Equusteck's products as their own. After
failing to comply with court orders to return confidential
information, Datalink eventually left the province. However,
Datalink continued selling the impugned products from an unknown
location from its ever-changing websites all over the world.
The majority of the Court, in a 7-2 split verdict, upheld an
interim injunction issued by the British Columbia Court of Appeal
against Google, finding that despite Google's third-party
status, Google is a determinative player in allowing the harm to
Equuskek to continue. As such, an injunction with extraterritorial
scope was the only way in which the injunction would have