Norwich Orders – Quebec Courts Unmask "Anonymous" Online Offenders

In Fers et métaux américains v. Pollard,¹ the Quebec Court of Appeal recognized that Norwich orders are indeed within the jurisdiction of Quebec courts. Civil law practitioners have taken notice and what was once a rarely sought remedy has become a powerful tool in information age litigation.

Victims of anonymous online fraud, hacking or defamation often lack critical information needed to initiate a lawsuit, not the least of which being the identity of the perpetrator. Where appropriate, the Norwich order – an extraordinary remedy compelling the pre-action discovery of a third party – allows claimants to obtain such information before seeking further redress. These orders are increasingly being sought to force third parties, such as internet service providers and website administrators, to disclose the identities of fraudsters, hackers and cyber-bullies operating under the guise of online anonymity.