Legal Blog

Injunctions, Mareva and Norwich

Posted on September 1, 2017 | Posted in Five Liners, General Law

Carleton Condominium Corporation No. 282 v. Yahoo! Inc., 2017 Ont SCJ

A Norwich order is a form of equitable relief that, if granted, requires a 3rd party to a potential action to disclose information that is otherwise confidential. The governing factors follow: has the applicant raised a valid, bona fide or reasonable claim; was the 3rd party, from whom the information is sought, involved in the acts complained of; is the 3rd party the only practicable source for the information; can the 3rd party be indemnified for costs to which it may be exposed because of the disclosure; and do the interests of justice favour the disclosure? In this case, the court ordered Yahoo to disclose the identity of a person sending defamatory emails.

 

Jonathan Speigel

 

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

 

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