In a patent action, the plaintiff sought a motion seeking an order compelling the director of the defendant to disclose the identify of the defendant’s customers. After recognizing that Norwich orders are available in Canada, the Court dismissed the motion for such “extraordinary equitable relief” finding that an “ironclad element of the test” is the third party must be the “only practical source of the information” and the plaintiff had not proven such circumstances existed. The Court also noted: (i) the plaintiff had sought the same information on discovery but was denied by the case management judge; and (ii) a Norwich order may not be be used to circumvent the discovery process.

Worthware Systems International Inc v Raysoft Inc 2022 FC 1492

Related