Court File and Parties
Court File No.: CV-24-0088-00
Date: 2025-02-13
Court: Ontario Superior Court of Justice
Between:
Lac Seul First Nation
J. Clark, for the Plaintiff
And
1000355814 Ontario Inc., Richard Kwoi Miller, John Doe and Bank of Nova Scotia
No one appearing, for the Defendants
Heard: February 13, 2025
Judge: W.D. Newton, Regional Senior Justice
Reasons for Order
Overview
[1] The plaintiff seeks information from the Bank of Nova Scotia regarding individuals and corporations who may have defrauded the plaintiff. This motion was made on notice to the Bank and without notice to the other defendants. The Bank takes no position on the motion and has reviewed the proposed draft order.
[2] I am satisfied that a Norwich order is appropriate in the circumstances. The facts set out in the affidavits filed establish that the plaintiff has a bona fide claim. The Bank is the only practicable source of information to identify the account holder who has allegedly defrauded the plaintiff. The interests of justice favour granting the relief sought. Necessity is made out as discovery is sought to identify the identity of a wrongdoer.1
[3] Draft Order at CaseCenter A 274 to issue.
“Original signed by”
W.D. Newton
Released: February 13, 2025
Cited Cases
[1] See for example Calisto v. Covenant Group, 2023 ONSC 1963, Isofoton S.A. v. Toronto Dominion Bank, 85 O.R. (3d) 780, GEA Group v. Flex-N-Gate Corporation, 2009 ONCA 619.