Niemela v. Malamas
[7]
Page 4
Mr. Niemela has commenced two actions in an effort to protect his reputation
(i)
Vancouver Registry No. S146067 commenced August 2014 against
his former client, Strato Malamas, and a host of John Doe defendants
(the “Malamas Action”). In that action Google is not named as a
defendant. The claims are for defamation, injurious falsehood, inducing
breach of contract, intentional interference with economic relations,
harassment, conspiracy, and breach of privacy;
(ii)
Vancouver Registry No. S149103 commenced November 2014 against
Google (the “Google Action”). The primary claim in this action is
against Google for publishing snippets containing defamatory material
on its search pages, and for publishing the hyperlinks to websites
containing the defamatory postings. The Google Action also makes
claims for injurious falsehood and breach of privacy.
[8]
Mr. Niemela has obtained two unopposed orders in the Malamas Action
requiring those defendants to remove the content of 146 URLs which link to the
three offending posts. These orders were not made against Google but Google has
voluntarily agreed to remove the 146 URLs from search results on google.ca.
Mr. Niemela did not apply for orders against the operators of Ripoffreport and
Reviewstalk. Mr. Niemela explained this omission: he has no way of determining
precisely where those website operators are located and has no realistic prospect of
enforcing an order against them.
ISSUES
[9]
As noted earlier, there are two applications before the Court:
1. Mr. Niemela’s application for a mandatory injunction against Google in the
Malamas Action to compel Google to block search results for 146
websites worldwide; and
2015 BCSC 1024 (CanLII)
and recover the losses he says he has suffered because of the defamatory postings:
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