Niemela v. Malamas
[24]
Page 9
First, there is insufficient evidence of irreparable harm to Mr. Niemela if the
injunction is not granted. As I have noted, Google has voluntarily removed the 146
the notice of civil claim in the Google Action Mr. Niemela states he has from time to
time represented clients in Finland and that his family resides in Finland and
Sweden. However, he has never practised outside of British Columbia. The vast
majority of his work is done for Canadian clients.
[25]
Mr. Niemela argues that only a worldwide removal of the offending search
results will suffice. He submits:
164. [H]is and indeed any person’s honour, reputation and personal privacy
ought [not] to be marginalized or compartmentalized to solely one jurisdiction,
being Canada, by solely blocking the offending URLs from google.ca.
Niemela ought not to be marginalized or compartmentalized by referring to
him only in his professional capacity and then only as a “local lawyer”.
165. Persons in Canada can access other google sites such as
google.com (U.S.), google.fr (France) and google.fi (Finland), google.au
(Australia) and so on.
166. Niemela specifically has [relationships] with people in Sweden and
Finland.
[26]
Google provided evidence of the number of searches conducted with
reference to Mr. Niemela on google.ca and google.com between August 1, 2013,
and September 30, 2014. During this 14-month period, more than 90% of searches
of Mr. Niemela’s name in English originated from Canadian IP addresses, with the
balance originating from US IP addresses. There were 262 searches of “glenn
niemela”, “glenn j niemela”, and “glenn j. niemela” from Canadian IP addresses
during this period, and 22 from US IP addresses. It is not known how many of these
were conducted by Mr. Niemela or at his request, but given his affidavit evidence
monitoring the search results, it is certain that many originated with him. On
average, then, there were a total of 21 searches per month in Canada and the US,
some of which originated with the applicant.
2015 BCSC 1024 (CanLII)
URLs from searches conducted on google.ca. Mr. Niemela is a Vancouver lawyer. In
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