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right to be forgotten

This company will no longer show up on Google's search results after court ruling

The Supreme Court of British Columbia has ordered Google to remove all search results relating to a company called Datalink, following the ‘right to be forgotten’ ruling in Europe.

A CANADIAN COURT has ordered Google to remove links relating to a specific company from all of its sites around the world.

The case involved an industrial manufacturer called Equustek Solutions, which claimed that a rival company, Datalink, ripped off its network device technology before selling it through more than 300 websites. As part of its lawsuit, the company wants Google to remove all search results that link to these sites, according to GigaOM.

While Google voluntarily removed the links from Google.ca, the main site Canadians would search on, the Supreme Court of British Columbia has granted a temporary injunction which forces Google to remove search results from all of its sites around the world.

While Google argued that Canadian law cannot be imposed around the world, the court referred to the country’s Law and Equity Act, which allows a court to grant broader powers when it feels it’s necessary.

The latter objection may sound like an issue more properly addressed at the territorial competence stage of the analysis. However, the question of whether the Court has territorial competence to hear the application because of its connection to the persons or facts involved is distinct from the question of whether, in the words of s. 39 of the Law and Equity Act, it is “just or convenient” that the order sought should be made to enjoin or mandate the particular conduct.

The company is also preparing to comply with ‘the right to be forgotten’ ruling that was made in the European Court of Justice back in May. The company recently uploaded a form which allows European citizens to request links to be removed from European search results.

Google has until 27 June to comply with the Canadian court’s ruling.

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