The Internet has no borders
The Supreme Court of Canada has issued a landmark decision in Google, Inc v Equustek Solutions Inc (2017 SCC 34), confirming that Canadian courts have jurisdiction to issue interlocutory injunctions against a party’s activities that extend beyond Canada and have global reach. The court noted that the “Internet has no borders – its natural habitat is global” and, as a consequence, found that any remedy also needs to be global. In the majority opinion, Google was the “determinative player in allowing the harm [to Equustek] to occur”. Further, and in comparison, the harm to Google would be “minimal to non-existent”. The court saw the injunction as the “only effective way to mitigate the harm to Equustek”.
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