Canada: Order Against Google Upheld By B.C. Court

Last Updated: September 29 2015
Article by Michelle Nelles, Andrew Bernstein, Sumeet Dang and Albert Chan

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, when the defendant is beyond the reach of the Canadian courts.
  • The court also ruled that its order against Google could be directed to international effect, because the business carried on in British Columbia by Google was an integrated part of Google's overall operations, and Google therefore had a connection to the province.
  • While acknowledging that it is unusual for the courts to make orders against non-parties, the Court of Appeal stated that it is nonetheless a well-established principle of law that courts have the jurisdiction to grant injunctive relief against third parties as an ancillary means of preserving the plaintiff's rights. Going forward, this decision could both serve as a basis for a Canadian court to grant a remedy for a wider range of online activities, and have potential implications on contractual obligations of online providers.
  • The court noted that any orders with international effect must consider "comity" (which is the recognition by a court of the laws and judicial decisions of another court). In this case, the Court of Appeal determined that an order that prevents the defendants from advertising wares in violation of the plaintiff's intellectual property rights is limited in scope and would not offend the "core values of any nation." 


In the underlying litigation, the plaintiffs alleged that the defendants sold counterfeit network interface hardware2 that was designed and manufactured using unlawfully acquired confidential information and trade secrets. At the onset of litigation, the defendants' operations were based in Vancouver. As the litigation progressed, however, the defendants moved their operations to unknown locations, apparently outside of Canada. Despite the grant of a number of interlocutory orders, the defendants continued to carry on business unimpeded. In response to these orders, Google voluntarily blocked individual webpages from appearing in search results which originated from the domain. Despite this measure, the defendants continued to make sales to customers outside of Canada.

Unsatisfied with this arrangement, the plaintiffs applied for an interlocutory injunction requiring Google to restrict  worldwide search results, regardless of which Google domain the search originated from. Google objected, arguing that the British Columbia Supreme Court lacked jurisdiction to make such an order because Google did not have a physical presence in British Columbia, and further, that it could not make an order directed to activities exclusively carried on outside of the province (i.e., extending to searches originating from Google domains other than

The Court of Appeal upheld the order granted by the Supreme Court of British Columbia, confirming that it had sufficient jurisdiction over Google and also had jurisdiction to make an order with international effect. The Court of Appeal took in personam jurisdiction over Google because Google carried on business in British Columbia (by collecting data and offering search results and advertising), and determined that the international order was required to protect the plaintiffs' interests. The Court of Appeal also noted that orders with international effect have been made by courts in other countries in the context of preventing "Internet abuses."

What's Next

This decision is of particular interest to online businesses and Internet infrastructure companies (including service providers, cloud providers, and social networks). While this situation involved the removal of a website from indexed search results, it is possible that this action could have implications on contractual obligations of the online provider. Furthermore, this case could be used as a basis for a Canadian court to grant a remedy for a wider range of online activities. 

Although the Court of Appeal recognized that orders with international scope should be made with caution, and have attracted controversy in other jurisdictions, this ruling nonetheless signals that Canadian courts are willing to make orders with intentionally international effect, even against third parties to litigation. It remains to be seen how the balance between plaintiff rights and jurisdictional restraint will be applied in future decisions involving businesses operating over the Internet without bricks-and-mortars ties to Canada.

1 Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265.

2 The computer hardware component that allows a computer to connect to a network.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Fogler, Rubinoff LLP
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Fogler, Rubinoff LLP
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions