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Equitable Bill of Discovery: a Five-part Test


Area Litigation


Article originally published in Commercial Litigation Journal, July 2009

Excerpt from "Equitable Bill of Discovery:  a Five-part Test":

The equitable principle of discovery allows a party to obtain information and/or documents regarding a potential and future cause of action that are in the power, possession or control of a third party. Used in Canada with a slow but increasing frequency since 1998, the equitable bill of discovery "relief' is also known in Canadian courts as a "Norwich Order," named after a case in the House of Lords.1

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