Andrew Bernstein Talks Google and Free Speech in Lexpert Cover Story

November 27, 2017

Partner and head of the firm’s Litigation and Dispute Resolution Practice Andrew Bernstein is featured on the cover of Lexpert’s Litigation Special Edition, bringing his expertise to a discussion on recent Supreme Court of Canada ruling Google v. Equustek.

The article deals with the implications of a SCC ruling that upheld an injunction issued by the British Columbia Supreme Court ordering Google to remove a company’s search results around the world after the company failed to act on various court orders regarding its selling of pirated products.

The case is significant as it is the first time a court in Canada has claimed a worldwide jurisdiction over the internet.

Andrew represented a group of intervenors that opposed the decision and said there were a lot of companies who were concerned about the decision.

The article said among the top concerns of critics of the decision is that courts in other countries may now seek to limit Canadians’ freedom of speech.

“Canada has liberal defamation laws. The bar for defamation is reasonably high, and that means the scope for freedom of expression is quite broad,” Andrew told Lexpert.

“There are countries where the defamation law is much more onerous. We wouldn’t want the court of, say, Singapore to be telling Google Canada what [Canadians] can and can’t find when they search.”

Torys has previously written on the Google v. Equustek ruling, which can be viewed here.

Senior Associate Jeremy Opolsky also had an opinion piece on the same topic published in the Globe and Mail. You can read Jeremy’s piece here.

You can read more about Torys’ Litigation and Dispute Resolution Practice here.


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