EDITOR’S NOTE: This document is subject to editorial revision before its reproduction in final form in the Federal Courts Reports.
Access to information
Access to Information Act, R.S.C. 1985, c. A-1 (Act) matter returned to Federal Court by Federal Court of Appeal in Canada (Health) v Elanco Canada Limited, 2021 FCA 191 — Facts, background on matter outlined in Elanco Canada Limited v Canada (Health), 2019 FC 1455 — Pursuant to Act, s. 44, applicant applied for review of Health Canada’s decision disclosing portions of 166-page record of applicant’s submissions to Health Canada for approval of veterinary drug Fortekor — Parties disagreeing on severance, redactions to be applied to record — On matters remitted by Federal Court of Appeal, evidentiary record remaining same — Main issue whether “Identity of Suppliers” exempt from disclosure — “Identity of Suppliers” exempted under Act, s. 20(1)b), c), (d) — “Identity of Suppliers” information should be treated same as “Supplier Information” as these are conceptually same, treated in same manner by applicant — Act, S. 20(1)(b) protecting “financial, commercial, scientific or technical information that is confidential information supplied to government institution by third party, treated consistently in confidential manner by third party” — Considering applicant needing only to demonstrate reasonable expectation of probable harm, disclosure of “Identity of Suppliers” information could have negative competitive impact on applicant —Applicant not required to establish “proof of harm” — Established sufficient, non-speculative evidence of potential harm to contractual negotiations — Disclosure of supplier’s identities could harm applicant’s contractual negotiations — Respondent ordered to redact certain portions of record.
Elanco Canada Limited v. Canada (Health) (T-2092-17, 2024 FC 543, McDonald J., reasons for judgment dated April 8, 2024, 14 pp.)