What is a Norwich order and how can it force a third party to identify an anonymous wrongdoer in Ontario?
A Norwich order is a court order, developed through the common law rather than any specific statute, that compels a third party - someone not accused of wrongdoing themselves but who has relevant information - to disclose information or documents that would help identify an anonymous or unknown wrongdoer so you can actually bring a claim against them. It's commonly used when you know you've been wronged, such as through an anonymous online post or an online fraud, but you don't know who's actually responsible, and a third party like an internet service provider, bank, or online platform holds information that could reveal their identity.
The order doesn't require the third party to have done anything wrong themselves - it's aimed at getting practical help identifying the actual wrongdoer, not establishing the third party's own liability. Courts balance the genuine need for the information against privacy interests and the burden on the third party in complying, and the order is generally tailored narrowly to what's actually needed to identify the wrongdoer, rather than a broad fishing expedition into everything the third party might know.
Key takeaways
- A Norwich order compels an innocent third party to disclose information needed to identify an anonymous wrongdoer.
- It's common law-based, used when the third party itself isn't accused of any wrongdoing.
- It's aimed at practical identification of the wrongdoer, not establishing the third party's own liability.
- Courts balance the need for the information against privacy interests and tailor the order narrowly to what's actually needed.