Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36602
Google Inc. v. Equustek Solutions Inc., et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-02-09 | Appeal closed | |
| 2018-02-09 |
Correspondence (sent by the Court) to, the parties, Cover letter regarding certificate of taxation signed February 9, 2018. |
|
| 2018-02-09 | Certificate of taxation issued to, Mr. Robert Flemming | |
| 2018-02-09 | Decision on the bill of costs, in the amount of $25,798.43, Reg | |
| 2018-02-09 | Submission of the bill of costs, Reg | |
| 2017-10-27 | Bill of costs, (Letter Form), Completed on: 2017-10-27 | Equustek Solutions Inc. |
| 2017-08-14 | Correspondence received from, (Letter Form), Daniel Glover and Miramda Lam (by email). Letter regarding the counsels listed on the judgment. | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2017-06-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-28 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041923, 2015 BCCA 265, dated June 11, 2015, heard on December 6, 2016, is dismissed with costs in this Court and in the Court of Appeal for British Columbia. Côté and Rowe JJ. dissent. Dismissed, with costs |
|
| 2017-06-27 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Carlo Di Carlo). | British Columbia Civil Liberties Association |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Scott Rollwagen). | Google Inc. |
| 2017-06-26 | Correspondence received from, (Letter Form), William C. McDowell (by email). Question regarding the remote release of the judgment. | Google Inc. |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Justin Safayeni). | British Columbia Civil Liberties Association |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Joe McArthur). | Canadian Civil Liberties Association |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Gavin MacKenzie). | International Federation of Film Producers Associations |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Brooke MacKenzie). | International Federation of Film Producers Associations |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Kaley Pulfer). | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Dan Byma). | Electronic Frontier Foundation |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (William C. McDowell). | Google Inc. |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking (Barry Sookman). | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Iris Fischer). | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Avnish Nanda). | OpenMedia Engagement Network |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Miranda Lam). | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2017-06-26 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Robbie Fleming). | Equustek Solutions Inc. |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (John Corelli). | Attorney General of Ontario |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking (Jeffrey Johnston). | Attorney General of Canada |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Brent Kettles). | Attorney General of Ontario |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (David Fraser). | Wikimedia Foundation |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (David Wotherspoon). | Electronic Frontier Foundation |
| 2017-06-23 | General proceeding, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Daniel Glover) | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2017-06-23 | Correspondence (sent by the Court) to, all parties by email and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up | |
| 2017-06-20 | Correspondence received from, Jeffrey Johnston by fax. re : Wishes to attend a possible lock-up in person. | Attorney General of Canada |
| 2017-06-19 | Correspondence received from, David Fraser by email, re: wishes to receive the judgment remotely | Wikimedia Foundation |
| 2017-06-16 | Correspondence received from, William C. McDowell by email, re: no position on whether there should be a media lock-up; wishes to have a counsel lock-up; wishes to receive the judgment remotely | Google Inc. |
| 2017-06-15 | Correspondence received from, Gavin MacKenzie by email, re: wishes to receive the judgment remotely | International Federation of Film Producers Associations |
| 2017-06-15 | Correspondence received from, Avnish Nanda by email, re: wishes to receive the judgment remotely | OpenMedia Engagement Network |
| 2017-06-14 | Correspondence received from, Iris Fischer by email, re: interveners wish to receive the judgment remotely | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2017-06-14 | Correspondence received from, Yael Wexler by email, re: Dan Byma wishes to receive the judgment remotely | Electronic Frontier Foundation |
| 2017-06-13 | Correspondence received from, Miranda Lam by email, re: Barry Sookman will attend in person; Dan Glover and Miranda Lam wish to receive the judgment remotely | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2017-06-13 | Correspondence received from, Brent Kettles by email, re: wishes to receive the judgment remotely | Attorney General of Ontario |
| 2017-06-12 | Correspondence received from, Yael Wexler by email, re: David Wotherspoon requests to receive the judgment remotely | Electronic Frontier Foundation |
| 2017-06-12 | Correspondence received from, Paul Schabas by email, re: wishes to receive the judgment remotely | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2017-06-12 | Correspondence received from, Robbie Fleming by email, re: no comment on possible media lock-up; wishes to receive the judgment remotely | Equustek Solutions Inc. |
| 2017-06-09 | Correspondence received from, Justin Safayeni by email, re: would appreciate receiving the judgment remotely, if possible | British Columbia Civil Liberties Association |
| 2017-06-09 | Correspondence (sent by the Court) to, the appellant and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required. | |
| 2017-06-09 | Media lock-up requested or proposed | |
| 2016-12-22 | Transcript received, 145 pages | |
| 2016-12-06 | Judgment reserved OR rendered with reasons to follow | |
| 2016-12-06 |
Hearing of the appeal, 2016-12-06, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2016-12-06 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies). | Electronic Frontier Foundation |
| 2016-12-06 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies). | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-12-06 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies). | Attorney General of Ontario |
| 2016-12-06 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies). | Attorney General of Canada |
| 2016-12-06 | Respondent's condensed book, (Book Form), Submitted in Court room (14 copies). | Equustek Solutions Inc. |
| 2016-12-06 | Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies). | Google Inc. |
| 2016-12-05 | Correspondence received from, (Letter Form), Rebecca Benneth (by email). The name of the counsel for the respondents has to be changed for Robbie Fleming. , (Electronic version filed on 2016-12-05) | Equustek Solutions Inc. |
| 2016-12-02 | Correspondence received from, (Letter Form), Brigitte Raymond (by email). The interveners will refer to additionnal authorities during the oral argument. These authorities will be included in the condensed book., (Electronic version filed on 2016-12-02) | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-11-30 | Notice of appearance, (Letter Form), No counsel will be appearing. | Wikimedia Foundation |
| 2016-11-29 | Correspondence received from, (Letter Form), Miranda Lam (by e-mail). Request for 3 reserved seats. | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-11-29 | Notice of appearance, (Letter Form), Dan Glover, Barry Sookman and Miranda Lam will be appearing. Mr. Glover will present oral arguments. (revised notice filed on 2016-11-30) | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-11-29 | Notice of appearance, (Letter Form), Cynthia Khoo will be appearing. | OpenMedia Engagement Network |
| 2016-11-28 | Correspondence received from, (Letter Form), Jeffrey W. Beedell (by e-mail). The appellant will refer to an additionnal authoritiy during the oral argument. This authority will be included in the condensed book., (Electronic version filed on 2016-11-28) | Google Inc. |
| 2016-11-28 | Notice of appearance, (Letter Form), Mathew Good will be appearing. | Canadian Civil Liberties Association |
| 2016-11-28 | Notice of appearance, (Letter Form), No one appearing. | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-11-28 | Notice of appearance, (Letter Form), No one appearing. | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-11-24 | Correspondence received from, (Letter Form), Amelia Alejo (by e-mail). Request for 2 reserved seats. | Equustek Solutions Inc. |
| 2016-11-24 | Notice of appearance, (Letter Form), Robbie Fleming and Michael Sobkin will be appearing. Mr. Fleming will present oral arguments. | Equustek Solutions Inc. |
| 2016-11-23 | Notice of appearance, (Letter Form), Jeffrey G. Johnston will be appearing. Mr. Johnston will present oral arguments. | Attorney General of Canada |
| 2016-11-22 | Correspondence received from, (Letter Form), Brooke MacKenzie. Request for 4 reserved seats. | International Federation of Film Producers Associations |
| 2016-11-22 | Notice of appearance, (Letter Form), John Corelli, Sandra Nishikawa and Brent Kettles will be appearing. Ms. Nishikawa will present oral arguments (2 reserved seats). | Attorney General of Ontario |
| 2016-11-22 | Correspondence received from, Yael Wexler. Update on counsels contact informations. | Electronic Frontier Foundation |
| 2016-11-21 | Notice of appearance, (Letter Form), Gavin MacKenzie and Brooke Mackenzie will be appearing. Gavin MacKenzie will present oral arguments. | International Federation of Film Producers Associations |
| 2016-11-18 | Notice of appearance, (Letter Form), David Wotherspoon and Daniel Byma will be appearing. Mr. Wotherspoon will present oral arguments (1 seat reserved). | Electronic Frontier Foundation |
| 2016-11-17 |
Order by, Br, FURTHER TO THE ORDER dated August 10, 2016, granting leave to intervene to the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint), the Wikimedia Foundation, the British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint) and the International Federation of Film Producers Associations; IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Canada and the Attorney General of Ontario are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint) and the International Federation of Film Producers Associations are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The Court will consider the written submissions of the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint) and the Wikimedia Foundation as set out in their factums without the need for oral argument. Allowed |
|
| 2016-11-15 | Notice of appearance, (Letter Form), Justin Safayeni and Carlo Di Carlo will be appearing. Mr. Safayeni will present Oral arguments (1 reserved seat). | British Columbia Civil Liberties Association |
| 2016-11-15 | Notice of appearance, (Letter Form), Marguerite F. Ethier, William C. McDowell and Scott M. J. Rollwagen will be appearing. Mr. McDowell will present oral arguments (8 reserved seats). | Google Inc. |
| 2016-11-09 | Order on motion for leave to intervene, by Justice Brown | |
| 2016-11-09 |
Decision on the motion for leave to intervene, Br, UPON APPLICATION by Glen P. Robbins for an extension of time to serve and file a motion for leave to intervene, for leave to intervene in the above appeal, and for other miscellaneous relief; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The motion for leave to intervene and all other motions are dismissed. Dismissed |
|
| 2016-11-09 | Submission of motion for leave to intervene, Br | |
| 2016-11-07 | Reply to the motion for leave to intervene, (Letter Form), Proof of service missing, Incomplete | Glen P. Robbins |
| 2016-11-01 | Order on motion to strike out, by Justice Brown | |
| 2016-11-01 |
Decision on motion to strike out, Br, UPON APPLICATION by the respondents for an order to strike paragraphs 3-7, 10a-b and 11-24 from the factum of the intervener, the Media Coalition, and to strike Tab 19 from the Media Coalition’s book of authorities; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to strike paragraphs 3-7, 10a-b and 11-24 from the factum of the intervener, the Media Coalition, is dismissed, and; The motion to strike Tab 19 from the Media Coalition’s book of authorities is granted. Any corresponding references to this material in the Media Coalition’s factum shall also be struck. Allowed in part |
|
| 2016-11-01 | Submission of motion to strike out, Br | |
| 2016-10-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-31, (Printed version filed on 2016-10-31) | Equustek Solutions Inc. |
| 2016-10-28 | Reply to motion to strike out, Completed on: 2016-10-28 | Equustek Solutions Inc. |
| 2016-10-28 | Motion for leave to intervene, (Book Form), (includes motion to extend time and other motions)(Also includes four volumes : Book of Authorities, Reasons, Affidavits and exhibits volume one and two), Completed on: 2016-10-28 | Glen P. Robbins |
| 2016-10-21 | Response to motion to strike out, (Letter Form), Completed on: 2016-10-21, (Printed version filed on 2016-10-21) | Google Inc. |
| 2016-10-21 | Response to motion to strike out, (Letter Form), Completed on: 2016-10-21, (Printed version filed on 2016-10-21) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-10-19 | Respondent's book of authorities, (Book Form), ON REPLY FACTUM, Completed on: 2016-10-19, (Electronic version filed on 2016-10-19) | Equustek Solutions Inc. |
| 2016-10-19 | Reply factum on appeal, (Book Form), Factum amended 2016/10/28, Completed on: 2016-10-19, (Electronic version filed on 2016-10-19) | Equustek Solutions Inc. |
| 2016-10-19 | Reply factum on appeal, (Book Form), Completed on: 2016-10-19 | Google Inc. |
| 2016-10-11 | Motion to strike out, (Book Form), Completed on: 2016-10-11 | Equustek Solutions Inc. |
| 2016-10-05 | Intervener's book of authorities, Completed on: 2016-10-05 | Electronic Frontier Foundation |
| 2016-10-05 | Intervener's factum, Completed on: 2016-10-05 | Electronic Frontier Foundation |
| 2016-10-05 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-12) | International Federation of Film Producers Associations |
| 2016-10-05 | Intervener's factum, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-12) | International Federation of Film Producers Associations |
| 2016-10-05 | Certificate (on limitations to public access) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-10-05 | Intervener's book of authorities, Tab 19 was pulled out on 2016-11-15., Completed on: 2016-10-05 | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-10-05 | Intervener's factum, References to Tap 19 of the Book of authorities were whited out on 2016-11-15., Completed on: 2016-10-05 | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-10-05 | Intervener's book of authorities, Completed on: 2016-10-05 | Attorney General of Ontario |
| 2016-10-05 | Intervener's factum, Completed on: 2016-10-05 | Attorney General of Ontario |
| 2016-10-05 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-12) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-10-05 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-05) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-10-05 | Intervener's factum, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-05) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-10-05 | Intervener's book of authorities, (5 volumes), Completed on: 2016-10-05 | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-10-05 | Intervener's factum, Completed on: 2016-10-05 | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-10-05 | Intervener's book of authorities, Completed on: 2016-10-05 | Wikimedia Foundation |
| 2016-10-05 | Intervener's factum, Completed on: 2016-10-05 | Wikimedia Foundation |
| 2016-10-05 | Intervener's book of authorities, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-05) | British Columbia Civil Liberties Association |
| 2016-10-05 | Intervener's factum, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-05) | British Columbia Civil Liberties Association |
| 2016-10-04 | Certificate (on limitations to public access) | Canadian Civil Liberties Association |
| 2016-10-04 | Intervener's book of authorities, Completed on: 2016-10-04 | Canadian Civil Liberties Association |
| 2016-10-04 | Intervener's factum, Completed on: 2016-10-04 | Canadian Civil Liberties Association |
| 2016-10-04 | Intervener's book of authorities, Completed on: 2016-10-04 | Attorney General of Canada |
| 2016-10-04 | Intervener's factum, Completed on: 2016-10-04 | Attorney General of Canada |
| 2016-10-03 | Correspondence (sent by the Court) to, Mr. Glen P. Robbins. Returning the documents that were submitted on September 20, 28 and 29, 2016. Letter signed by the Registrar. | |
| 2016-09-30 | Correspondence received from, Avnish Nanda dated 2016-09-30. Re: Cynthia Khoo will be acting as co-counsel and agent | OpenMedia Engagement Network |
| 2016-09-29 | Correspondence received from, (Letter Form), Intervener - email rec'd Sept.29-2016 from Ms. Helen F. Richards, re: News Paper Association of America - changed its name to: "News Media Alliance". | New England First Amendment Coalition, News Media Alliance (formerly known as Newspaper Association of America), AOL Inc., California Newspaper Publishers Association, the Associated Press |
| 2016-09-28 | Intervener's book of authorities, Completed on: 2016-09-28 | OpenMedia Engagement Network |
| 2016-09-28 | Intervener's factum, Completed on: 2016-09-28 | OpenMedia Engagement Network |
| 2016-09-15 | Notice of hearing sent to parties | |
| 2016-09-15 | Notice of change of counsel, From Andrew Lokan of Paliare, Roland, Rosenberg, Rothstein LLP to David Fraser of McInnes Cooper | Wikimedia Foundation |
| 2016-08-25 | Appeal perfected for hearing | |
| 2016-08-10 | Order on motion to extend time, Brown J. | |
| 2016-08-10 |
Decision on motion to extend time, Br Granted |
|
| 2016-08-10 | Submission of motion to extend time, Br | |
| 2016-08-10 | Order on motion for leave to intervene, by Justice Brown | |
| 2016-08-10 |
Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint), the International Trademark Association, the Ad IDEM/Canadian Media Lawyers Association and the Media Law Resource Center (joint), the Wikimedia Foundation, Kickstarter, PBC, Foursquare Labs, Inc., the Global Online Video Association and Patreon Inc.(joint), eBay Inc., the British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint), the International Federation of Film Producers Associations and Dan Svantesson for leave to intervene in the above appeal; AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, the OpenMedia Engagement Network, the Reporters Committee for Freedom of the Press, the American Society of News Editors, the Association of Alternative Newsmedia, the Center for Investigative Reporting, Dow Jones & Company, Inc., the First Amendment Coalition, First Look Media Works Inc., the New England First Amendment Coalition, the Newspaper Association of America, AOL Inc., the California Newspaper Publishers Association, the Associated Press, the Investigative Reporting Workshop at American University, the Online News Association and the Society of Professional Journalists (joint as the Media Coalition), Human Rights Watch, ARTICLE 19, Open Net (Korea), the Software Freedom Law Centre and the Center for Technology and Society (joint), the Wikimedia Foundation, the British Columbia Civil Liberties Association, the Electronic Frontier Foundation, the International Federation of the Phonographic Industry, Music Canada, the Canadian Publishers’ Council, the Association of Canadian Publishers, the International Confederation of Societies of Authors and Composers, the International Confederation of Music Publishers and the Worldwide Independent Network (joint) and the International Federation of Film Producers Associations are granted and each of the said eleven (11) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before October 5, 2016. The motions for leave to intervene of the International Trademark Association, the Ad IDEM/Canadian Media Lawyers Association and the Media Law Resource Center (joint), Kickstarter, PBC, Foursquare Labs, Inc., the Global Online Video Association and Patreon Inc. (joint), eBay Inc., Dan Svantesson and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are dimissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondent by their intervention. The appellant and the respondents are permitted to serve and file a single 10-page factum each in reply to these interventions on or before October 19, 2016. Allowed in part |
|
| 2016-08-10 | Submission of motion for leave to intervene, (17 motions), Br | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-12-06 Judgment reserved |
|
| 2016-08-09 | Correspondence received from, (Letter Form), revised factum, (Printed version filed on 2016-08-09) | Equustek Solutions Inc. |
| 2016-08-08 | Respondent's book of authorities, (Book Form), (4 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Equustek Solutions Inc. |
| 2016-08-08 | Respondent's record, (Book Form), (3 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Equustek Solutions Inc. |
| 2016-08-08 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-08) | Equustek Solutions Inc. |
| 2016-08-08 | Respondent's factum, (Book Form), modifications made on 2016/08/10 and 2016/08/11, Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Equustek Solutions Inc. |
| 2016-07-28 | Reply to the motion for leave to intervene, Completed on: 2016-07-28 | Ad IDEM/Canadian Media Lawyers Association |
| 2016-07-28 | Reply to the motion for leave to intervene, Completed on: 2016-07-28 | Electronic Frontier Foundation |
| 2016-07-28 | Reply to the motion for leave to intervene, Completed on: 2016-07-28 | Wikimedia Foundation |
| 2016-07-28 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-28, (Electronic version filed on 2016-07-28) | Kickstarter, PBC, Foursquare Labs, Inc., Global Online Video Association, Patreon Inc. |
| 2016-07-28 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-28) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-07-27 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Printed version filed on 2016-07-27) | Dan Svantesson |
| 2016-07-27 | Reply to the motion for leave to intervene, (Letter Form), service to come - rec'd Aug.2/2016, Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-07-27 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | International Trademark Association |
| 2016-07-27 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-27, (Electronic version filed on 2016-07-27) | eBay Inc. |
| 2016-07-25 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-25, (Printed version filed on 2016-07-26) | OpenMedia Engagement Network |
| 2016-07-21 | Response to the motion for leave to intervene, (Book Form), Completed on: 2016-07-21, (Printed version filed on 2016-07-21) | Equustek Solutions Inc. |
| 2016-07-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) | Google Inc. |
| 2016-07-20 | Correspondence received from, Jeffrey Beedell, by email, dated 20-07-2016, Re: will revise their factum and record as per order dated 19-07-2016 | Google Inc. |
| 2016-07-19 | Order on motion to strike out, by Justice Brown | |
| 2016-07-19 |
Decision on motion to strike out, Br, UPON APPLICATION by the respondents for an order striking the Affidavit of Daphne Keller, affirmed June 19, 2014 from the appellant’s record and any corresponding mention in the Factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to strike is granted. Granted |
|
| 2016-07-19 | Submission of motion to strike out, Br | |
| 2016-07-15 | Reply to motion to strike out, (Book Form), Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) | Equustek Solutions Inc. |
| 2016-07-13 | Notice of name, (Letter Form), (Printed version filed on 2016-07-13) | Ad IDEM/Canadian Media Lawyers Association |
| 2016-07-12 | Response to motion to extend time, (Letter Form), Completed on: 2016-07-12, (Printed version filed on 2016-07-12) | Google Inc. |
| 2016-07-12 | Motion to extend time, (Book Form), to serve and/or file the Motion for Leave to intervene, Completed on: 2016-07-12, (Electronic version filed on 2016-07-12) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2016-07-12 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-12, (Electronic version filed on 2016-07-12) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2016-07-12 | Notice of name, (Letter Form), (Printed version filed on 2016-07-12) | International Trademark Association |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-13) | International Federation of Film Producers Associations |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers |
| 2016-07-11 | Supplemental document, (Letter Form), Supplementary affidavit in support of motion for leave to intervene, Completed on: 2016-07-11, (Electronic version due on 2016-07-18) | Attorney General of Ontario |
| 2016-07-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) | Electronic Frontier Foundation |
| 2016-07-11 | Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) | Electronic Frontier Foundation |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Electronic Frontier Foundation |
| 2016-07-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) | British Columbia Civil Liberties Association |
| 2016-07-11 | Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) | British Columbia Civil Liberties Association |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | British Columbia Civil Liberties Association |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | eBay Inc. |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Payment to come, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Kickstarter, PBC, Foursquare Labs, Inc., Global Online Video Association, Patreon Inc. |
| 2016-07-11 | Motion for leave to intervene, (Book Form), payment to come, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Wikimedia Foundation |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Attorney General of Canada |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Joint motion, Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Ad IDEM/Canadian Media Lawyers Association |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-12, (Electronic version filed on 2016-07-11) | International Trademark Association |
| 2016-07-11 | Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-07-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society |
| 2016-07-11 | Notice of name, (Letter Form), (Electronic version filed on 2016-07-11) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-07-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-11) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-07-11 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. |
| 2016-07-08 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-08, (Printed version filed on 2016-07-13) | Dan Svantesson |
| 2016-07-08 | Response to motion to strike out, (Book Form), Completed on: 2016-07-08, (Electronic version filed on 2016-07-08) | Google Inc. |
| 2016-07-07 | Motion for leave to intervene, (Letter Form), Completed on: 2016-07-07, (Electronic version filed on 2016-07-07) | Attorney General of Ontario |
| 2016-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-05, (Printed version filed on 2016-07-05) | OpenMedia Engagement Network |
| 2016-06-30 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-30) | Canadian Civil Liberties Association |
| 2016-06-30 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-04, (Electronic version filed on 2016-06-30) | Canadian Civil Liberties Association |
| 2016-06-30 | Motion to strike out, (Book Form), and abridge time to file response to motion within 10 days., Completed on: 2016-06-30, (Electronic version filed on 2016-06-30) | Equustek Solutions Inc. |
| 2016-06-13 | Appellant's book of authorities, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) | Google Inc. |
| 2016-06-13 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2016-06-13) | Google Inc. |
| 2016-06-13 | Appellant's record, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) | Google Inc. |
| 2016-06-13 | Appellant's factum, (Book Form), Factum amended as per order of Justice Brown 2016/07/20, Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) | Google Inc. |
| 2016-05-24 | Notice of change of counsel, (Letter Form), appelant's agent changed from Colin S. Baxter to Jeff Beedell., (Electronic version filed on 2016-05-24) | Google Inc. |
| 2016-03-29 | Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date. | |
| 2016-03-21 | Notice of appeal, Completed on: 2016-03-21 | Google Inc. |
| 2016-03-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-19 | Judgment on leave sent to the parties | |
| 2016-02-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041923, 2015 BCCA 265, dated June 11, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-01-11 | All materials on application for leave submitted to the Judges, CJ Cro Côt | |
| 2015-10-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) | Google Inc. |
| 2015-10-15 | Correspondence received from, (Letter Form), agent of the respondent re: correction of the respondent's address., (Electronic version filed on 2015-10-15) | Equustek Solutions Inc. |
| 2015-10-14 | Book of authorities, (Book Form) | Equustek Solutions Inc. |
| 2015-10-14 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-14) | Equustek Solutions Inc. |
| 2015-10-14 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-14) | Equustek Solutions Inc. |
| 2015-10-14 | Respondent's response on the application for leave to appeal, (Book Form), (4 volumes), Completed on: 2015-10-14, (Electronic version filed on 2015-10-14) | Equustek Solutions Inc. |
| 2015-09-14 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-09-14. | |
| 2015-09-10 | Book of authorities, (Book Form), (Electronic version filed on 2015-09-15) | Google Inc. |
| 2015-09-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-15) | Google Inc. |
| 2015-09-10 | Notice of name, (Letter Form), (Electronic version filed on 2015-09-15) | Google Inc. |
| 2015-09-10 | Application for leave to appeal, (Book Form), Draft CA Order. Signed Court of Appeal Order received 2015-09-30., Completed on: 2015-10-01, (Electronic version filed on 2015-09-15) | Google Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Google Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Equustek Solutions Inc. | Respondent | Active |
| Robert Angus and Clarma Enterprises Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| OpenMedia Engagement Network | Intervener | Active |
| Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc. | Intervener | Active |
| New England First Amendment Coalition, News Media Alliance (formerly known as Newspaper Association of America), AOL Inc., California Newspaper Publishers Association, the Associated Press | Intervener | Active |
| the Investigative Reporting Workshop at American University, Online News Association and Society of Professional Journalists | Intervener | Active |
| Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society | Intervener | Active |
| Wikimedia Foundation | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Electronic Frontier Foundation | Intervener | Active |
| International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers | Intervener | Active |
| International Confederation of Music Publishers, Worldwide Independent Network | Intervener | Active |
| International Federation of Film Producers Associations | Intervener | Active |
Counsel
Party: Google Inc.
Counsel
Marguerite Ethier
William C. McDowell
Ren Bucholz
Scott Rollwagen
William C. McDowell
Ren Bucholz
Scott Rollwagen
Lenczner Slaght Royce Smith Griffin LLP
2600-130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-9500
FAX: (416) 865-9010
Email: methier@litigate.com
2600-130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-9500
FAX: (416) 865-9010
Email: methier@litigate.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Equustek Solutions Inc.
Counsel
Robbie Fleming
John Zeljkovich
John Zeljkovich
Robert Fleming Lawyers
1925-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 230-2412
FAX: (604) 568-8548
Email: robbie@fleminglawyer.com
1925-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 230-2412
FAX: (604) 568-8548
Email: robbie@fleminglawyer.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Robert Angus and Clarma Enterprises Inc.
Counsel
Robbie Fleming
John Zeljkovich
John Zeljkovich
Robert Fleming Lawyers
1925-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 230-2412
FAX: (604) 568-8548
Email: robbie@fleminglawyer.com
1925-925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 230-2412
FAX: (604) 568-8548
Email: robbie@fleminglawyer.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
Joseph C. McArthur
Mathew P. Good
Tom Posyniak
Mathew P. Good
Tom Posyniak
Blake, Cassels & Graydon LLP
595 Burrard Street, P.O. Box 49314
Suite 2600, Three Bentall Centre
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Email: joe.mcarthur@blakes.com
595 Burrard Street, P.O. Box 49314
Suite 2600, Three Bentall Centre
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Email: joe.mcarthur@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: OpenMedia Engagement Network
Counsel
Avnish Nanda
Nanda & Company
3400 Manulife Place
10180- 101 Street N.W.
Edmonton, Alberta
T5J 4K1
Telephone: (780) 801-5324
FAX: (587) 318-1391
Email: avnish@nandalaw.ca
3400 Manulife Place
10180- 101 Street N.W.
Edmonton, Alberta
T5J 4K1
Telephone: (780) 801-5324
FAX: (587) 318-1391
Email: avnish@nandalaw.ca
Agent
Cynthia Khoo
306- 60 Daly Avenue
Ottawa, Ontario
K1N 6E5
Telephone: (604) 725-5484
Email: cynthia@openmedia.org
Ottawa, Ontario
K1N 6E5
Telephone: (604) 725-5484
Email: cynthia@openmedia.org
Party: Attorney General of Ontario
Counsel
John Corelli
Sandra Nishikawa
Brent Kettles
Sandra Nishikawa
Brent Kettles
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Reporters Committee for Freedom of the Press, American Society of News Editors, Association of Alternative Newsmedia, Center for Investigative Reporting, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc.
Counsel
Iris Fischer
Helen Richards
Helen Richards
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Human Rights Watch, ARTICLE 19, Open Net (Korea), Software Freedom Law Centre, Center for Technology and Society
Counsel
Paul B. Schabas
Kaley Pulfer
Kaley Pulfer
Blake, Cassels & Graydon LLP
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: New England First Amendment Coalition, News Media Alliance (formerly known as Newspaper Association of America), AOL Inc., California Newspaper Publishers Association, the Associated Press
Counsel
Iris Fischer
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: the Investigative Reporting Workshop at American University, Online News Association and Society of Professional Journalists
Counsel
Iris Fischer
Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2408
FAX: (416) 863-2653
Email: iris.fischer@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Attorney General of Canada
Counsel
Jeffrey G. Johnston
Attorney General of Canada
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Wikimedia Foundation
Counsel
David T.S. Fraser
Jane O'Neill
Jane O'Neill
McInnes Cooper
1300 - 1969 Upper Water Street
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 444-8535
FAX: (902) 425-6350
Email: david.fraser@mcinnescooper.com
1300 - 1969 Upper Water Street
Purdy's Wharf Tower II
Halifax, Nova Scotia
B3J 2V1
Telephone: (902) 444-8535
FAX: (902) 425-6350
Email: david.fraser@mcinnescooper.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: British Columbia Civil Liberties Association
Counsel
Justin Safayeni
Carlo Di Carlo
Carlo Di Carlo
Stockwoods LLP
TD North Tower, suite 4130
77 King Street West, P.O. Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-3494
FAX: (416) 593-9345
Email: justins@stockwoods.ca
TD North Tower, suite 4130
77 King Street West, P.O. Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-3494
FAX: (416) 593-9345
Email: justins@stockwoods.ca
Agent
Yael Wexler
Fasken Martineau DuMoulin LLP
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: Electronic Frontier Foundation
Counsel
David Wotherspoon
Daniel A. Byma
Daniel A. Byma
MLT Aikins LLP
1800 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-4564
Email: dwotherspoon@mlt.com
1800 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-4564
Email: dwotherspoon@mlt.com
Agent
Yael Wexler
Fasken Martineau DuMoulin LLP
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: International Federation of the Phonographic Industry, Music Canada, Canadian Publishers’ Council, Association of Canadian Publishers, International Confederation of Societies of Authors and Composers
Counsel
Barry B. Sookman
Daniel G.C. Glover
Miranda Lam
Daniel G.C. Glover
Miranda Lam
McCarthy Tétrault LLP
P.O. Box 48, Suite 5300, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: bsookman@mccarthy.ca
P.O. Box 48, Suite 5300, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: bsookman@mccarthy.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: International Confederation of Music Publishers, Worldwide Independent Network
Counsel
Barry B. Sookman
McCarthy Tétrault LLP
P.O. Box 48, Suite 5300, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: bsookman@mccarthy.ca
P.O. Box 48, Suite 5300, T-D Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8200
FAX: (416) 868-0673
Email: bsookman@mccarthy.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: International Federation of Film Producers Associations
Counsel
Gavin MacKenzie
Brooke MacKenzie
Brooke MacKenzie
MacKenzie Barristers
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
120 Adelaide Street West
Suite 2100
Toronto, Ontario
M5H 1T1
Telephone: (416) 304-9293
FAX: (416) 304-9296
Email: gavin@mackenziebarristers.com
Agent
Mark C. Power
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5576
FAX: (613) 702-5560
Email: mpower@juristespower.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5576
FAX: (613) 702-5560
Email: mpower@juristespower.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Administrative law — Interlocutory orders — Injunctions — Private international law — Extraterritoriality — Communications law — Internet — Intellectual property — Industrial design — Interim injunction issued against non-party to litigation — Google prohibited from displaying impugned websites in Internet search results — Under what circumstances may a court order a search engine to block search results, having regard to the interest in access to information and freedom of expression, and what limits (either geographic or temporal) must be imposed on those orders? — Do Canadian courts have the authority to block search results outside of Canada’s borders? — Under what circumstances, if any, is a litigant entitled to an interlocutory injunction against a non-party that is not alleged to have done anything wrong?
The plaintiffs sued their former distributors for unlawful appropriation of trade secrets, alleging that the distributors designed and sold counterfeit versions of their products. The plaintiffs obtained injunctions against the distributors, prohibiting them from carrying on any business online. When this proved ineffective, the plaintiffs sought a court order against Google, to prohibit it from displaying search results that included the distributors’ websites.
The Supreme Court of British Columbia granted a worldwide injunction against Google, finding that it had territorial competence over Google and that it possessed an inherent jurisdiction to maintain the rule of law and protect its processes, which in appropriate circumstances may include an injunction against non-parties. In this case, the balance of convenience favoured granting an injunction. The Court of Appeal agreed that the court held jurisdiction over Google with respect to the injunction application. It also concluded that it was permissible to seek interim relief against a non-party. The power to grant injunctions is presumptively unlimited, and injunctions aimed at maintaining order need not be directed solely at the parties involved in litigation. In this case, an injunction with worldwide effect was justified.
Lower court rulings
June 13, 2014
Supreme Court of British Columbia
S112421, 2014 BCSC 1063
Supreme Court of British Columbia
S112421, 2014 BCSC 1063
Application by plaintiffs for interim injunction prohibiting Google from displaying certain websites in Internet search results – granted.
July 23, 2014
Court of Appeal for British Columbia (Vancouver)
CA041923, 2014 BCCA 295
Court of Appeal for British Columbia (Vancouver)
CA041923, 2014 BCCA 295
Application by Google for leave to appeal – granted; application by Google for stay of interim injunction order – dismissed.
June 11, 2015
Court of Appeal for British Columbia (Vancouver)
CA041923, 2015 BCCA 265
Court of Appeal for British Columbia (Vancouver)
CA041923, 2015 BCCA 265
Appeal by Google against interim injunction order – dismissed.
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Date modified: 2025-02-27