Litigation Blog

Situs your tort elsewhere: Supreme Court on Internet Defamation Jurisdiction

June 11, 2018

In v. Goldhar, the Supreme Court tackled the issue of jurisdiction in an international internet defamation case. In essence, it held that Canadian courts should decline jurisdiction for a clearly more appropriate forum when considering factors such as the comparative convenience and expense for the parties and witnesses, any loss of legitimate juridical advantage, fairness, the ability to enforce judgments and the applicable law.

Court of Appeal “Likes” Facebook Class Action

May 29, 2018

Class actions targeting Facebook are trending. As newly-launched proceedings are grabbing headlines, an older lawsuit, originally certified in 2014, was recently given the go-ahead by the BC Court of Appeal (“BCCA”) over the objections of the social media network.

Google It Again: Extraterritorial Injunction Upheld Despite US Decision

May 18, 2018

As an update to our blog on Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, Google applied before the United States District Court in California, seeking an order that the extraterritorial injunction which was upheld by the Supreme Court of Canada is unlawful and unenforceable in the United States. Google’s application was unopposed and was granted (“US Decision”).