Vol. 35, No. 10 lawyersweekly.ca july 10, 2015
LABOUR & EMPLOYMENT
Helping a transitioning
employee limits liability
to big data
silences Bell’s RAP
BUSINESS & CAREERS
Regular contact essential
to maintaining clients
Top court may be asked to rule
on ‘abuse of process’ exception
Case involves charges against former Ontario Provincial Police sergeant
could end up
at top court
In a case that could go to the
Supreme Court of Canada, the
British Columbia Court of Appeal
recently upheld an order that Google remove from its search results
the websites of a company being
sued for trademark infringement
and unlawful appropriation of
In Equustek Solutions Inc. v.
Jack  B.C.J. No. 1193,
B.C.’s top court held that by
gathering data through web-crawling software, along with
distributing targeted advertising
to users and selling advertising
to businesses in the province, the
ubiquitous global search engine’s
activities were enough to uphold
a 2014 B.C. Supreme Court finding that Google does business in
B.C., and that the court therefore has jurisdiction.
In Equustek Solutions Inc. v.
Jack  B.C.J. No. 1190, B.C.
Supreme Court Justice Lauri Ann
Fenlon ordered Google to stop
indexing or referencing websites
run by Morgan Jack through his
web-based business, Datalink
B.C.-based Equustek, which
designs, manufactures and sells
industrial network interface hardware, alleges that Datalink —once
a distributor of Equustek’s prod-
The Supreme Court could soon be
asked to determine whether privileged communications between
Crown counsel and police may be
disclosed to the defence in support of a claim of abuse of process.
After a recent Court of Appeal
decision in R. v. Rutigliano
 O.J. No. 3273, Mike
Rutigliano’s counsel were waiting
to hear whether the provincial
Crown will proceed to trial with
fraud, giving secret commissions
and weapons charges against the
former Ontario Provincial Police
sergeant whose prosecution was
judicially stayed in 2013.
The Crown requested the stay
in preference to producing to the
court records of confidential
communications between prosecutors and police relating to
deliberate and repeated police
breaches of solicitor-client privilege admitted by the Crown while
Rutigliano’s phone calls were
being monitored and his Blackberry messages intercepted.
If proceedings recommence,
the defence will have to consider
seeking leave to appeal last
month’s Court of Appeal for
Ontario decision to the Supreme
Court, Rutigliano’s Toronto coun-
sel, Owen Wigderson, told The
“Decisions will be made in the
near future,” he advised.
At press time, Brendan Craw-
ley, a spokesperson for the
Ontario Ministry of the Attorney
General, said he could not com-
ment other than “we are cur-
rently reviewing the decision and
the file with a view to next steps.”
The circumstances and fallout
of the abuse of process proceed-
ings in Rutigliano were unusual.
But the key legal issue raised
Issue, Page 2 Wotherspoon, Page 10
University of Ottawa law professor Adam Dodek says the Ontario Court of Appeal is the highest one
to recognize the possibility of a new exception to solicitor-client privilege. ROy GROGAn fOR The LAWyeRs Week Ly
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