Niemela v. Malamas
[27]
Page 10
Google did not provide information regarding searches conducted on google.fi
(Findland) or google.se (Sweden). However, Mr. Niemela did not suggest searches
sites.
[28]
Further, while Mr. Niemela attributes the decline in his law practice to the
defamatory statements and their general accessibility through search engines such
as Google’s, there are other possible explanations. A disciplinary history with the
Law Society is prominently revealed in Google searches of “Glenn Niemela”.
[29]
Second, the 146 URLs voluntarily blocked by Google on google.ca have not
been replaced by new, high ranking URLs as was the case in Equustek. In that
case, websites blocked by Google were immediately replaced by an endless
iteration of automatically generated websites leading to the same material. In the
present case, Mr. Niemela has identified additional URLs but they appear to be preexisting links buried deep in search results. For example, in his tenth affidavit sworn
January 20, 2015, Mr. Niemela states:
2.
On January 6, 2015 I did a Google search of “Glenn Niemela”.
3.
I searched to the last page displayed on the search results. The last
page was page 38. Page 38 has the following notation:
In order to show you the most relevant results, we have
omitted some entries very similar to the 380 already displayed.
If you like, you can repeat the search with the omitted results
included.
Attached hereto as Exhibit “A” to this my affidavit (pages 3 and 4 of
this affidavit) is a copy of page 38.
[30]
4.
When I clicked on the above notation on January 6, 2015 the search
on “Glenn Niemela” expanded to 69 pages.
5.
On January 14, 2015 twenty-two (22) defamatory snippets and an
associated twenty-one (21) URLs are released on this second layer of
Google searches.
Each page on Google’s search results contains 10 URLs, with the most
relevant and useful at the top of the list. I take judicial notice of the fact that few
searchers will be motivated to move through 380 search results on 38 pages to
2015 BCSC 1024 (CanLII)
on these websites were likely to have surpassed searches on the Canadian or US
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