Does the third party targeted by a Norwich order get their legal costs paid in Ontario?
Generally, yes. Because a Norwich order compels an innocent third party - who did nothing wrong and isn't a party to the underlying dispute - to spend time and money complying, Ontario courts typically require the applicant seeking the order to cover the third party's reasonable costs of complying, including the legal costs of responding to the application itself in appropriate cases. This reflects the basic fairness principle behind Norwich relief: the third party is being asked to help someone else's case, not defending their own conduct, so they generally shouldn't be left out of pocket for assisting.
This cost protection is actually part of what a court considers when deciding whether to grant a Norwich order in the first place - showing that you're prepared to indemnify the third party for their reasonable compliance costs is typically part of a properly prepared application, not an afterthought negotiated later. If a third party believes the costs being offered don't reasonably cover what compliance will actually require, that's a legitimate point to raise with the court as part of resisting or narrowing the scope of the order sought against them.
Key takeaways
- Third parties targeted by a Norwich order are generally entitled to have their reasonable compliance costs covered by the applicant.
- This reflects the fairness principle that an innocent party shouldn't be left out of pocket for helping someone else's case.
- Willingness to indemnify the third party is typically part of a properly prepared Norwich application from the outset.
- A third party can raise inadequate cost coverage as a basis to resist or narrow the order sought against them.