In a landmark decision, the Supreme Court of Canada upheld an injunction restraining Google, a non-party to the litigation and non-resident corporation, from publishing offending websites in its search results worldwide. This decision opens the door to Canadian organizations to seek global protection from a wide range of unlawful activity on the internet, including intellectual property infringement, contract and tort claims, breaches of privacy, and defamation, among others.
Fasken's team, including Daniel Byma, represented the Electronic Frontier Foundation, making submissions to the Court with respect to the foreign law impacts in cases where Canadian courts make extraterritorial orders affecting intellectual property and free speech. In particular, Fasken made submissions with respect to the difference in American jurisprudence on the balancing of free speech against other rights.
