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Norwich Order
Nivora Group LLC v. Ping 2026 Ont SCJ
Plaintiffs, alleging cryptocurrency fraud, brought a motion for a Norwich order to trace and preserve allegedly misappropriated assets. The judge dismissed the motion finding that, although the plaintiffs established a bona fide claim, the intrusive remedy they sought was not necessary. They had already sued the defendants and could obtain the requested information from them by way of discovery; the third-party cryptocurrency exchanges were not the only practical source of information; and the interests of justice did not favour the order because the plaintiffs’ delay in bringing the motion contradicted their claim of dissipation risk. The judge reasoned that a Norwich order is a powerful tool to be used sparingly and cannot serve as a substitute to bypass regular discovery.
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |
