Niemela v. Malamas Page 5 2. Google’s application for summary judgment in the Google Action dismissing the plaintiff’s claims or alternatively striking portions of the [10] At the time of this hearing, Mr. Niemela was satisfied that Google had removed most of the 146 URLs from its Canadian search platform. He identified a few oversights but was satisfied that Google would voluntarily remove those as well from all searches conducted on google.ca. Mr. Niemela’s injunction application is therefore limited to compelling Google to block searches from its worldwide websites in addition to its voluntary blocking of searches done on google.ca. In order to understand the distinction, some explanation of Google’s operations is necessary. [11] Google’s search engines make internet search results available through dedicated websites for each country around the world. For example, Google provides internet search services to users in Canada through www.google.ca, to users in the United States through www.google.com, and to users in France through www.google.fr. Despite the existence of country-specific search websites, internet users are not restricted to using the website dedicated to their particular country. A search originating in Canada automatically defaults to google.ca, but users can override that default by choosing to conduct a search on a website designated for another country. In Canada, approximately 95% of Google search users use google.ca. The residual 5% may be explained in part by foreign travellers in Canada wanting to access their home country’s site. [12] The substance of the dispute on the injunction application is whether the removal of search results on google.ca is so inadequate that a mandatory global removal order can and should be made. The substance of the dispute on Google’s application to dismiss the defamation claims against it is whether a search engine i s a publisher of the materials it turns up in response to a searcher’s query. [13] I will begin with Mr. Niemela’s application for an interlocutory injunction. 2015 BCSC 1024 (CanLII) plaintiff’s notice of civil claim.