The drug company was required to give thousands of pages of documents to the Minister of Health (the Minister) when one of its products was withdrawn due to safety concerns. An Access to Information (ATI) request was made for these documents, and the Minister wished to disclose many of them. The drug company resisted.
Before the Federal Court, the Minister argued that some of the documents said to be confidential were not because they comprised submissions made based on public documents. The Court held that the submissions were confidential, and the fact that the drug company may have relied upon public information was not public knowledge. The Court also held that release of the identity of employees of the drug company was not proper as there was not consent to the release of their names. The Minister appealed this decision.
The Court of Appeal dismissed the Minister's Appeal with costs. The Trial Judge's decision related to questions of mixed fact and law, and could not be overturned without palpable and overriding error. No such error was found.
The full text of the decision can be found at: