eBay Canada Ltd. v. Canada (National Revenue), 2008 FCA 348 (CanLII)

  • November 07, 2008

Date: 2008-11-07 Docket: A-105-08 Evans J.A. | Link

"This is because, with the click of a mouse, the appellants make the information appear on the screens on their desks in Toronto and Vancouver, or anywhere else in Canada. It is as easily accessible as documents in their filing cabinets in their Canadian offices. Hence, it makes no sense in my view to insist that information stored on servers outside Canada is as a matter of law located outside Canada for the purpose of section 231.6 because it has not been downloaded. Who, after all, goes to the site of servers in order to read the information stored on them?" (para 48)