What must I prove in court to obtain a Norwich order in Ontario?
Ontario courts apply a multi-factor test before granting a Norwich order, developed through the common law, generally requiring the applicant to show they have a valid, bona fide claim against the unknown wrongdoer, that the third party is somehow involved in or facilitated the events in question (even innocently), that the third party is realistically the only practical source of the information needed to identify the wrongdoer, that the third party can actually be indemnified for the reasonable costs of complying with the order, and that the interests of justice favour disclosure once the third party's own interests and any privacy concerns are weighed against the applicant's need.
Courts take this test seriously because a Norwich order compels an innocent party to help expose someone else, and getting the balance wrong could either leave genuine wrongdoing unaddressed or expose innocent third parties, or the person being identified, to an unfair burden. Because the test is fact-specific and requires real evidence on each element - not just an assertion that information is needed - a well-prepared Norwich application generally sets out concretely why the claim is genuine, why the third party is the only practical source, and what specific information is being sought.
Key takeaways
- A Norwich order requires showing a bona fide claim, third-party involvement, and that the third party is the only practical source of the information.
- The applicant generally must be prepared to cover the third party's reasonable compliance costs.
- Courts weigh the interests of justice in disclosure against the third party's and the unknown person's own interests.
- Each element of the test requires real evidence, not just an assertion that the information is needed.