Legal Blog

Norwich Order

Canadian Tire Corporation Limited v. Eaton Equipment and Milburn 2025 Ont CA

Canadian Tire recovered against Eaton and others a $3.3 mil judgment for a fraudulent warranty repair scheme in which Eaton billed Canadian Tire for non-authentic repairs. The defendants appealed the summary judgment decision and then brought a motion before the Court of Appeal seeking a Norwich order to compel production of insurance information from Canadian Tire and its insurers. The chambers judge refused the order because a Norwich Order is a pre-trial discovery remedy only. The judge also held that, given their established fraudulent conduct, the defendants did not come to the court with clean hands and were therefore disentitled to an equitable remedy.

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