Hell Yes!: Hellboy Granted Norwich Order On Second Attempt

On March 9, 2026, the Federal Court (the Court) issued its decision in Hellboy Productions, Inc. v Doe #1, 2026 FC 317, granting Hellboy Productions, Inc.’s (the Plaintiff) motion to obtain a Norwich order compelling Cogeco Connexion Inc. (Cogeco) to disclose the names and addresses associated with certain IP addresses.

The Plaintiff previously sought a motion to obtain Norwich orders against several internet service providers (ISPs), which was denied for insufficient evidence, as previously reported by the E-TIPS® Newsletter here. The Plaintiff’s evidence on the original motion contained affidavits from a law clerk and a forensic investigator. The original evidence failed to satisfy the elements of the Norwich order test, which requires a plaintiff to show:

1. a bona fide claim against the wrongdoer(s);
2. the person from whom discovery is sought is more than an innocent bystander, the only practical source of information available to the plaintiff, and reasonably compensated for the expenses; and
3. the balancing of public interests favours disclosure.

Here, the Plaintiff submitted revised evidence from the same law clerk and forensic investigator, which addressed the issues raised by the judge in the original motion.

The Court found that the first element of the Norwich order test was met, as the revised evidence showed the Plaintiff’s assertion of ownership and the subsistence of copyright in the work. The forensic evidence also showed unauthorized use of the work, thereby providing the requisite “plausible basis for assuming that there was copyright infringement” by the alleged wrongdoers.

The Court held that the second element of the Norwich order test was also made out, as the revised evidence demonstrated a direct link between Cogeco and certain IP addresses of alleged wrongdoers. Previously, the Plaintiff’s evidence failed to link the IP addresses of the alleged wrongdoers to specific ISPs and was not organized in an easily verifiable manner.

Under the third element of the Norwich order test, which was not considered in the previous motion, the Court found that the public interest favoured disclosure of the information held by Cogeco, after balancing the Plaintiff’s interests in enforcing its rights and the privacy concerns of the persons sought to be identified. Based on the circumstances, the Court was satisfied that the unknown defendants were given fair warning of the possibility that their personal information could be disclosed by Cogeco.

The Court thus determined that the Plaintiff’s revised evidence satisfied the Norwich order test and directed Cogeco to disclose the personal information sought.

Separate orders will be issued in respect of similar motions brought against the remaining ISPs.

Summary By: Amy Ariganello