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ARTICLE · 07 JUNE 2013

Norwich Orders: You Can't Be Anonymous On The Internet After All

It’s hard to start a lawsuit when you don’t know who you’re suing.

CanadaIntellectual Property

It's hard to start a lawsuit when you don't know who you're suing. What can potential claimants do when they have been wronged but lack the essential information necessary to start a lawsuit?

The answer to this question came in 1974 when the ancient equitable bill of discovery was resurrected in the form of what is now known as the Norwich Order.

Where granted, Norwich Orders compel innocent third parties to disclose information and/or documents a claimant requires before commencing a lawsuit that could not otherwise be obtained. They can assist claimants to advance meritorious claims by preserving assets, identifying potential defendants and uncovering actionable wrongs.

Norwich Orders are a controversial and exceptional equitable remedy. They can burden innocent third parties by forcing them to disclose information or documents and force disclosure of confidential information. These are effects courts will avoid unless a claimant can show why the disclosure is

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