The Court of Appeal for Ontario dismissed a motion by the appellants for a Norwich-type order seeking production of insurance-related documents from non-parties in the context of an appeal.
The court held that Norwich orders are a pre-trial remedy and are not available at the appellate stage.
The court also found that, even if such an order were available, it would not be appropriate in this case given the findings of fraud against the appellants and the lack of relevance of insurance proceeds to the damages award.
Costs were awarded to the respondent.
