The Supreme Court of Canada has agreed to hear Google’s appeal of a worldwide injunction forcing it to block certain infringing websites from its search results. The appeal raises issues of how to provide meaningful protection of rights over a borderless Internet, while not unduly burdening innocent third parties or preventing access to information.
In agreeing to hear the case, Canada’s highest court defined those questions as follows:
“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 underlying dispute involved Equustek Solutions Inc., a manufacturer of networking devices for complex industrial equipment. Equustek alleged that its former distributor, Datalink Technologies, conspired with one of its engineers to design and manufacture a competing product using Equustek’s trade secrets. Datalink went on to sell the products using Equustek’s trademarks and logos.
Both companies reside in British Columbia, and Equustek obtained numerous court orders from the British Columbia Supreme Court enjoining Datalink from further infringement. However, Datalink simply disappeared and continued to sell the infringing products online. Search engine giant Google was a third party to the litigation, which became involved because Datalink relied heavily on search engines to market its infringing products, including purchasing Google AdWords.
Initially, Google voluntarily removed 345 links from search results in Canada. However, Equustek was not satisfied since Datalink’s network of infringing websites was still available through Google searches conducted internationally outside of Canada. In a ground-breaking British Columbia Supreme Court decision, Equustek obtained a global interim injunction against Google forcing it to cease indexing or referencing Datalink’s infringing websites. In reaching its decision, the Court stated:
“The courts must adapt to the reality of e-commerce with its potential for abuse by those who would take the property of others and sell it through the borderless electronic web of the internet,”
“That (injunction) is necessary … to ensure that the defendants cannot continue to flout the court’s orders.”
The injunction was later affirmed in a decision of the British Columbia Court of Appeal.
Some observers have commented that the order could possibly create a “slippery slope” precedent that could lead to undue censorship. Equustek has taken the position that the websites being blocked have never been used for lawful purposes and that the injunction does not risk limiting access to information or freedom of expression.
The Supreme Court’s decision is highly anticipated and may have global ramifications on the ability of courts to control content on the Internet.
OTTAWA _ Canada’s Senate, often accused of being an anachronism, is being asked to wrestle with the futuristic dream of driverless cars.
Transport Minister Marc Garneau wants the Senate’s transportation and communications committee to launch a study of the regulatory, policy and technical issues that need to be addressed so that Canada can safely and smoothly make the transition to self-driving vehicles a coming automotive revolution that’s already being road tested in Ontario and elsewhere.
His request for a Senate study is part of the Trudeau government’s attempt to recast the much-maligned upper house as an independent and valued institution that has an important parliamentary role to play.
It follows Prime Minister Justin Trudeau’s creation of an arm’s-length advisory board to recommend non-partisan nominees for appointment to the Senate.
Among other things, Garneau says the committee should examine the potential for Canada to set standards for the development of automated cars that can operate safely on icy winter roads.The technology I’m talking about is not science fiction,” Garneau said during an appearance late Wednesday before the Senate committee.
“The technology I’m talking about is not science fiction,” Garneau said during an appearance late Wednesday before the Senate committee.
“It is in development today and has the potential to improve safety, efficiency and the environmental performance of transportation in Canada and other countries.”
Still, he said there are many questions that must be addressed, including the long-term impact on privacy, energy, land use, transportation demand and employment.
Garneau and Canadian Heritage Minister Melanie Joly were invited to appear Wednesday before the committee to discuss the mandate letters given to them by Prime Minister Justin Trudeau when they took charge of their portfolios. Garneau took the opportunity to ask the committee to launch a driverless car study.
“I’m one of these people who believes that the Senate is part of Parliament, that has done some very serious and very important and groundbreaking studies and I want to engage with them in the most productive possible way,” Garneau said in an interview.
Self-driving vehicles have the potential to make driving safer, he said, noting that automated vehicles “don’t fall asleep, they don’t drink.” And they’re potentially more energy efficient because “there’s less of a heavy foot on the gas and heavy foot on the brake kind of driving.”
But there are also challenges, like ensuring vehicles have backups should their computer systems fail and figuring out how to replicate human judgment in unpredictable winter driving conditions.
Driverless vehicles will automatically keep a safe distance from other vehicles but, Garneau noted: “We in Canada have to make judgment calls in the winter time when we’re on icy roads and black ice. So that’s got to be part of it as well because they’re not all nice California roads.”
Moreover, Garneau said automated cars raise issues of liability and insurance, cyber security, to ensure that vehicles’ computer systems can’t be hacked, and privacy, to protect those who don’t want their whereabouts constantly tracked.
“There are rules and regulations that will have to be put in place that don’t exist at the moment.”
We are pleased to announce the launch of our new Western Canada branch in Victoria, British Columbia. The Victoria branch will serve residential, insurance and commercial customers in the Greater Victoria Region, and further strengthen our operational presence in the province.
The branch is prepared to handle any type of disaster, from residential incidents to commercial events and large-scale catastrophes, and we look forward to working with insurers and members of the community to help prepare for disasters, and to provide clean up and restoration services when necessary.
FirstOnSite Restoration, Canada’s largest independent disaster restoration company, is pleased to announce the launch of its new Western Canada branch in Victoria, British Columbia. The Victoria branch will serve residential, insurance and commercial customers in the Greater Victoria Region, further strengthening the firm’s operational presence in the province.“The expansion of FirstOnSite’s operations to Greater Victoria is in line with our company mission of providing unparalleled disaster restoration service across Canada,” said Joseph DeAngelis, Senior Vice President & Managing Director, Western Region, FirstOnSite. “Through this launch, we intend to strengthen our client service capabilities in the BC region and further increase our ability to mobilize
“The expansion of FirstOnSite’s operations to Greater Victoria is in line with our company mission of providing unparalleled disaster restoration service across Canada,” said Joseph DeAngelis, Senior Vice President & Managing Director, Western Region, FirstOnSite. “Through this launch, we intend to strengthen our client service capabilities in the BC region and further increase our ability to mobilize
quickly when it counts most – during time-sensitive disaster situations.”
The Victoria branch will be headed up by Daryl Horvath, who will serve as Project Manager and Branch Leader. Mr. Horvath has extensive leadership experience in the property restoration industry, beginning in 1969 working in his family property restoration business. He has a full complement of experience, beginning from production through to upper management, and is well respected in the Victoria community where he has earned a reputation for integrity. Mr. Horvath has also added to his industry knowledge through courses at the Institute of Inspection, Cleaning and Restoration, Worksafe B.C., the Homeowner Protection Office and Camosun College. As Branch Leader, Mr. Horvath will be responsible for establishing the new branch, and managing overall branch operations.
“I look forward to leading branch operations in Victoria while working with a dedicated team of restoration professionals.” said Daryl Horvath, Project Manager and Branch Leader, FirstOnSite. “Our team will work hard to provide clients with the best possible service, each and every time.” The launch of FirstOnSite’s Victoria branch is part of a long-term company strategy of maximizing service and operational efficiency to better meet the evolving needs of clients.
To contact the branch directly, call 250-360-0277. Or, if you have an emergency, call our 24/7 emergency hotline at 1-877-778-6731.
FirstOnSite Restoration is the leading Canadian disaster restoration company, providing remediation, restoration and reconstruction services nationwide, and for the US large loss and commercial market. FirstOnSite’s corporate structure is distinguished within the industry as it provides unequalled degrees of speed, scope and scale, including unmatched abilities to embrace innovations and technologies that help meet the unique needs of its customers. With over 1,100 employees, 39 locations, 24/7 emergency service and a commitment to customer service, FirstOnSite proudly serves the residential, commercial and industrial sectors.
FirstOnSite has been a recipient of the Deloitte Best Managed Company award since 2012 and is an approved vendor for many leading insurance companies and commercial clients. For more information visit: www.firstonsite.ca or call 1-877-778- 6731,
Since 2008, over $1.2 million has been raised for the cause through the sale of pink shirts and granted to non-profit organizations including Boys & Girls Clubs, Red Cross RespectED Violence Prevention Program, and Kids Help Phone. These programs teach children empathy, kindness and the importance of building healthy relationships – both with themselves and their peers.
The t-shirt design was created pro-bono by award-winning advertising agency ‘Rethink’ and states “Kindness is one size fits all”. Kindness is universal — a trait the CKNW Orphans’ Fund encourage everyone to express openly every day. The phrase “one size fits all” works for one simple reason: it stands for inclusive, both in clothing and in our everyday lives. We’re all gloriously different, but we all have the capacity to put kindness out into the world.
Coast Capital Savings, a large supporter and presenting sponsor of Pink Shirt Day, is passionate about the cause. “Our community promise is to help build a richer future for youth. One of the ways we do this is by supporting anti-bullying initiatives, like Pink Shirt Day, that teach kindness and respect, attributes that are important in helping to build belonging,” says Wendy Lachance, Director, Community Leadership.
Some fundraising campaigns are also running across the province in the month of February including pink cupcakes at Take Five Café, classes by donation on Pink Shirt Day at YYoga and more.
Net proceeds will benefit the CKNW Orphans’ Fund in support of anti-bullying programs in BC. For updates on CKNW Orphans’ Fund Pink Shirt Day, please visit www.pinkshirtday.ca, on Twitter @pinkshirtday, and on Facebook.
About Pink Shirt Day: In 2007, two Nova Scotia students decided to take action after witnessing a younger student being bullied for wearing a pink shirt to school. The students bought 50 pink t-shirts and encouraged schoolmates to wear them and send a powerful message of solidarity to the bully. CKNW Orphan’s Fund was inspired by the story and to date have raised more than $1.2 million for anti-bullying programs in British Columbia with the sales of Pink Shirt Day T-Shirts.
About CKNW Orphans’ Fund: Dedicated to enhancing the lives of children with social, physical and mental challenges living in BC communities. We provide funding to both individual children and organizations for a variety of developmental needs, with an emphasis on therapies, educational bursaries, and specialized medical equipment.
Ontario, Manitoba, Québec and Saskatchewan have already introduced legislation against bullying and B.C. recently enacted Bill 14 [Workers Compensation Amendment Act] to address the effects of bullying at work.
Become compliant with existing laws. Complete ILScorp’s “Understanding Workplace Bullying & Tools for Safeguarding an Organization from Bullying Behaviour” courses.
This mid-winter holiday offers families in all their diversity the chance to spend some extra time together. See our events listing for some of the special Family Day activities planned for this year.
Enjoy a safe and happy BC Family Day weekend this year!
The ILScorp offices will be closed Monday, Feb. 8 as we take some time to enjoy the long weekend. We’ll be back Tuesday morning, ready to take your calls, answer your questions and register you for online insurance programs. You can reach us from 8 a.m. – 5 p.m. Pacific Time.
You can also register for our insurance training programs online, anytime, at ILScorp.com
Stay up to date by liking us on Facebook or following @ilstv for insurance news and more on twitter.
*ILScorp’s office will be open on Monday, Feb. 15, which is a statutory holiday in AB, SK & ON.