Niemela v. Malamas Page 23 [75] I am satisfied that there is no genuine issue of material fact requiring trial on the defamation issue. The material evidence about the way the search results are generated and what they look like is before the Court and is not challenged. [76] Mr. Niemela argues that some courts in other jurisdictions such as Hong Kong, New Zealand, and Australia (in the Supreme Court of Victoria) have declined to determine a similar question on a summary application: Dr. Yuen v. Google Inc., [2014] 4 HKLRD 493 at para. 106 [Yuen]; A. v. Google New Zealand Ltd., [2012] NZHC 2352 at para. 71; Trkulja v. Google Inc. (No. 5), [2012] VSC 533. Google points out that other jurisdictions, notably the U.K. in Bunt v. Tilley and Metropolitan, and the Australian Supreme Court of New South Wales in Bleyer v. Google Inc., [2014] NSWSC 897, have addressed this question on a summary basis. [77] The decision of whether to address an issue by way of summary judgment depends on the particular question of law and the nature of the evidentiary record before the court. While other jurisdictions have commented on the novelty of the question and the need to consider public policy implications, in Canada these issues have been considered by the Supreme Court of Canada in Crookes, and in British Columbia by this Court in Weaver v. Corcoran, 2015 BCSC 165. [78] In considering the preliminary issue of whether I should make a determination by way of summary judgment I conclude that I have the factual framework to do so; what remains is a legal question that can be determined under Rule 9-6(5)(c): Is Google a publisher of snippets?. c) [79] Is Google a publisher of the snippets? The plaintiff submits that Google is a publisher because it intends to create webpages containing lists of hyperlinks and snippets; Google created its computer 2015 BCSC 1024 (CanLII) or risk summary dismissal … The chambers judge may make inferences of fact based on the undisputed facts before the court, as long as the inferences are strongly supported by the facts ….