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Simon Shields, LLB

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research



Injunctions - Interlocutory Injunctions - Basics

Injunctions - Interlocutory Injunctions - Against Third Parties

Injunctions - Interlocutory Injunctions - Extra-territorial Effect

Google Inc. v. Equustek Solutions Inc. (Ont CA, 2017)

In this interesting case the Supreme Court of Canada reviews the law of interlocutory injunctions (injunctions issued pending the outcome of the primary proceeding) against a large international third party, which in this case was alleged to be aiding the defendant in the breach of the plaintiff's intellectual property rights.

In the course of it's analysis, the majority considered the following issues:

. Basic law of interlocutory injunctions: paras 22-25.

. Injunctions against third parties: paras 26-35.

. Extra-territorial effect of injunction: paras 36-46.

. Whether the injunction limits freedom of speech: paras 45-48.
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