Sometimes, the information you need for a lawsuit is not in your hands. It may not even be in the hands of the person you want to sue. For example, the information may be with the police, a bank, an internet company, an employer, a hospital, an insurance company, or another third party.
In Ontario civil litigation, there are different legal tools that may allow a person to ask the court to order a third party to provide relevant information. Two of those tools are a Wagg motion and a Norwich order.
A Wagg motion is used in a civil lawsuit when a party seeks a court order requiring a non-party, usually a police agency or the Ministry of the Attorney General, to produce a police and/or Crown file. These records may include police notes, witness statements, photographs, reports, medical records, forensic evidence, or other documents in the file. Because these materials can involve privacy, privilege, public interest, and confidentiality concerns, the court may require a screening process and decide whether the documents should be disclosed, and whether any redactions, limits, or conditions should apply.
A Norwich order is different. It is often used before a lawsuit has started. It is a pre-action discovery tool. In plain language, it helps someone get key information before they can properly sue.
For example, if someone defamed you online using an anonymous account, you may not know who to sue. A Norwich order may be used to ask the court to require a third party, such as an internet service provider or platform, to disclose information that could identify the wrongdoer.
Norwich orders can also be used in other situations, such as tracing money, identifying parties involved in a transaction, preserving evidence, or finding out whether there is enough information to bring a proper claim.
The main difference is usually timing and purpose.
A Wagg motion usually comes up after a lawsuit has already started and one side wants access to police or Crown-related records connected to the dispute.
A Norwich order is usually used before a lawsuit starts, where the person needs information to identify the wrongdoer, understand what happened, or decide whether a lawsuit can properly be brought.
Both are examples of how civil litigation sometimes requires help from people or organizations who are not directly part of the dispute, but who may hold the information needed to move the case forward.