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.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos