Peter Ruby at the International Institute of Communications Conference: New Developments in Communications Law and Policy


Canadian courts are increasingly asserting jurisdiction over companies without traditional "bricks and mortar" in Canada and issuing orders with extraterritorial effect. What impact will this have on non-Canadian over-the-top (OTT) services available in Canada?

This panel will examine how the "real and substantial connection" test has evolved in light of recent caselaw, including the Supreme Court of Canada's (SCC) decisions in Google Inc. v. Equustek Solutions Inc. and Douez v. Facebook, Inc. It will examine the court's jurisdiction to make extraterritorial orders and orders against Internet service providers (ISPs), search engines and other Internet intermediaries and whether choice of laws and forum selection clauses will be upheld in this new environment. It will also examine the potential reaction of courts in other jurisdictions to extraterritorial orders, including Google’s recent injunction application to a U.S. court, arguing that the SCC’s global injunction against Google violates the First Amendment of the U.S. Constitution.

Shaw Centre, Ottawa

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