Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33320
Merck Frosst Canada Ltd. v. Minister of Health
(Federal) (Civil) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-09-17 | Appeal closed | |
| 2012-09-14 | Certificate of taxation issued to, Bernard Letarte (joint certificate with 33290) | |
| 2012-09-14 | Decision on the bill of costs, (see file 33290 for decision on Bill of costs), Reg | |
| 2012-09-04 | Submission of the bill of costs, Reg | |
| 2012-07-06 | Bill of costs, (Joint with 33290), Completed on: 2012-07-06 | Minister of Health |
| 2012-02-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-02-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-02-03 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeals from the judgments of the Federal Court of Appeal, Numbers A-492-06 and A-499-06, 2009 FCA 166, dated May 26, 2009, heard on November 12, 2010, are dismissed with costs. Deschamps, Abella and Rothstein JJ. are dissenting. Dismissed, with costs |
|
| 2011-06-10 | Supplemental document, (SEALED) missing page of vol. 40 (joint with 33290) (sent to the Court June 13/11), Completed on: 2011-06-10 | Merck Frosst Canada Ltd. |
| 2011-01-10 | Correspondence received from, Bernard Letarte datée du 7 janv. 11 avec la page 346 (CONFIDENTIELLE / SCELLÉ) qui devrait faire partie du dossier suppl. déposé le 24 déc. 10 (joint avec 33290) (sent to the Court Jan. 20/11) | Minister of Health |
| 2010-12-24 |
Supplemental document, 2 CONFIDENTIAL volumes requested by the Court at the hearing (joint with 33290) (sent to the Court Dec. 24/10) , Completed on: 2010-12-24 |
Merck Frosst Canada Ltd. |
| 2010-12-22 | Correspondence received from, Catherine Beagan Flood dated December 22, 2010 with charts requested by the Court during the hearing (joint with 33290) (Sent to the Court on December 24, 2010) | Merck Frosst Canada Ltd. |
| 2010-12-02 | Correspondence received from, Catherine Beagan Flood dated December 2, 2010. Re: Family emergency (Sent to the Court on December 3, 2010) | Merck Frosst Canada Ltd. |
| 2010-12-01 | Transcript received, (70 pages) | |
| 2010-11-12 | Judgment reserved OR rendered with reasons to follow | |
| 2010-11-12 | Intervener's condensed book, Submitted in Court (14 copies) | BIOTECanada |
| 2010-11-12 | Respondent's condensed book, Submitted in Court (14 copies) | Minister of Health |
| 2010-11-12 | Appellant's condensed book, Submitted in Court (14 copies) | Merck Frosst Canada Ltd. |
| 2010-11-12 | General proceeding, Questionnaire following the hearing for publication ban (from both parties) | Merck Frosst Canada Ltd. |
| 2010-11-12 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-11-12 |
Hearing of the appeal, 2010-11-12, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-11-10 | Notice of appearance, Anthony Creber and John Norman will be present at the hearing. | BIOTECanada |
| 2010-10-18 | Notice of appearance, Bernard Letarte and René LeBlanc will be present at the hearing. | Minister of Health |
| 2010-10-14 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2010-10-14 |
Decision on the motion for leave to intervene, De, UPON APPLICATION by the Information Commissioner of Canada for an order extending the time to apply for leave to intervene and for leave to intervene in the above appeals, to extend the time to file its factum to October 15, 2010, and to have access to the sealed records; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is denied. Dismissed |
|
| 2010-10-14 | Submission of motion for leave to intervene, De | |
| 2010-10-05 | Reply to the motion for leave to intervene, (Letter Form), from Marlys Edwardh dated Oct. 5/10 (joint with 33290), Completed on: 2010-10-05 | Information Commissioner of Canada |
| 2010-10-04 | Response to the motion for leave to intervene, (bookform) (by Information Comm.)(joint with 33290), Completed on: 2010-10-04 | Merck Frosst Canada Ltd. |
| 2010-09-29 | Response to the motion for leave to intervene, (Letter Form), (motion by Information Commissioner)(JOINT WITH 33290), Completed on: 2010-09-29 | Minister of Health |
| 2010-09-22 | Motion for leave to intervene, (and to extend the time to file the intervention, to file a 10 pages factum and present oral arguments, to expedite the Leave to Intervene, to extend the time to file the Intervention factum to October 15, 2010 and to have access to the sealed records), Completed on: 2010-09-22 | Information Commissioner of Canada |
| 2010-09-21 | Intervener's book of authorities, Joint with 33290 (2 volumes), Completed on: 2010-09-21 | BIOTECanada |
| 2010-09-15 | Intervener's factum, Joint with 33290, Completed on: 2010-09-15 | BIOTECanada |
| 2010-08-26 | Appeal perfected for hearing | |
| 2010-08-17 | Respondent's book of authorities, Vol. I to IV (see order of May 27/10) (joint with 33290) (new form rec'd Oct. 27/10), Completed on: 2010-08-17 | Minister of Health |
| 2010-08-17 | Respondent's factum, (see order of May 27/10) (joint with 33290) (redacted version + 3 copies of english translation filed Oct. 13/10), Completed on: 2010-08-17 | Minister of Health |
| 2010-08-17 | Respondent's record, Vol. I to IV (see order of May 27/10) (joint with 33290), Completed on: 2010-08-17 | Minister of Health |
| 2010-07-22 | Notice of appearance, Catherine Beagan Flood and Patrick Kergin will be present at the hearing. | Merck Frosst Canada Ltd. |
| 2010-07-21 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2010-07-21 |
Decision on the motion for leave to intervene, De, The motion for leave to intervene by BIOTECanada is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2010-07-20 | Submission of motion for leave to intervene, De | |
| 2010-07-14 | Reply to the motion for leave to intervene, from John Norman dated July 14/10 (joint with 33290), Completed on: 2010-07-14 | BIOTECanada |
| 2010-07-13 | Response to the motion for leave to intervene, from Catherine Beagan Flood dated July 13/10 (joint with 33290) (original rec'd July 14/10), Completed on: 2010-07-13 | Merck Frosst Canada Ltd. |
| 2010-07-08 | Response to the motion for leave to intervene, (Letter Form), from Bernard Letarte dated July 8/10 (joint with 33290), Completed on: 2010-07-08 | Minister of Health |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-11-12, (start time 9:30 am) Judgment reserved |
|
| 2010-06-29 | Motion for leave to intervene, (bookform) (joint with 33290), Completed on: 2010-06-29 | BIOTECanada |
| 2010-06-01 | Supplemental document, Appellant's BOOK OF STATUTES (joint with 33290), Completed on: 2010-06-04 | Merck Frosst Canada Ltd. |
| 2010-06-01 | Appellant's book of authorities, Vol. I to VI (joint with 33290), Completed on: 2010-06-04 | Merck Frosst Canada Ltd. |
| 2010-06-01 | Appellant's factum, (joint with 33290) 3 redacted copies + CD filed Sept. 30/10, Completed on: 2010-06-04 | Merck Frosst Canada Ltd. |
| 2010-05-27 | Order on motion to file a lengthy factum | |
| 2010-05-27 |
Decision on motion to file a lengthy factum, Reg, IT IS HEREBY ORDERED THAT: 1.All material and proceedings to be filed by the parties in this Court's files 33290 and 33320 be filed in this Court's file 33290 only. Redacted copies are not required. 2.Each of the parties is granted leave to file a consolidated factum for this Court's files 33290 and 33320, which is not to exceed 70 pages in length. 3.The following timetable be set for the filing of material by the parties before this Court: (a)the appellant's factum and authorities shall be filed on or before June 1, 2010; and (b)the respondent's record, if any, factum and authorities shall be filed on or before August 17, 2010. Granted |
|
| 2010-05-27 | Submission of motion to file a lengthy factum, Reg | |
| 2010-05-13 | Appellant's record, (SEALED) Vol. I to LXVII + General Index and CD-Rom (joint with 33290) (10 add. copies of General index rec'd May 18/10), Completed on: 2010-05-13 | Merck Frosst Canada Ltd. |
| 2010-05-12 | Response to the motion to file a lengthy factum, email from Bernard Letarte dated May 11/10 re: motion jointly with appellant (included in motion) (joint with 33290), Completed on: 2010-05-12 | Minister of Health |
| 2010-05-12 | Motion to file a lengthy factum, not to exceed 70 pages jointly with respondent (joint with motion to extend time to serve and file the appellant's factum and authorities to June 1/10 and the respondent's factum and authorities to August 17/10) (bookform) (joint with 33290), Completed on: 2010-05-12 | Merck Frosst Canada Ltd. |
| 2010-03-26 | Notice of change of counsel, from Fasken Martineau DuMoulin LLP to Blake, Cassels & Graydon LLP | Merck Frosst Canada Ltd. |
| 2010-02-19 | Notice of appeal, Completed on: 2010-02-19 | Merck Frosst Canada Ltd. |
| 2010-01-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-01-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-01-22 | Judgment on leave sent to the parties | |
| 2010-01-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-492-06, 2009 FCA 166, dated May 26, 2009, is granted with costs in the cause. It is ordered that all documents filed by the applicant with respect to both the application and the appeal be sealed; only the judges and Court staff whose duties require them to use these documents may have access to them. Granted, with costs in the cause |
|
| 2009-11-30 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-11-30 | Submission of motion to seal, LeB De Cro | |
| 2009-10-02 | Applicant's reply to respondent's argument, Joint with 33290, Completed on: 2009-10-02 | Merck Frosst Canada Ltd. |
| 2009-09-25 | Correspondence received from, Sébastien Gagné (by email) dated Sept. 25/09 to confirm that there is nothing confidential in the respondent's response (joint with 33290) | Minister of Health |
| 2009-09-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-09-23 | Response to motion to seal, (Letter Form), from Sébastien Gagné dated Sept. 22/09 (joint with 33290), Completed on: 2009-09-23 | Minister of Health |
| 2009-09-23 | Respondent's response on the application for leave to appeal, (joint with 33290) (see email filed Sept. 25/09), Completed on: 2009-09-23 | Minister of Health |
| 2009-09-14 | Motion to seal, paragraphs 19 and 20 of the memorandum of argument and paragrph 7b) of Sandra Wainwright's affidavit dated August 19/09 (bookform), Completed on: 2009-09-16 | Merck Frosst Canada Ltd. |
| 2009-09-14 | Application for leave to appeal, (Judgment FCA A-492-06) (CONFIDENTIAL) (REDACTED VERSION rec'd Sept. 14/09) (JOINT with 33290), Completed on: 2009-09-16 | Merck Frosst Canada Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Merck Frosst Canada Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Health | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| BIOTECanada | Intervener | Active |
Counsel
Party: Merck Frosst Canada Ltd.
Counsel
Patrick Kergin 514-982-5046
Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2269
FAX: (416) 863-2653
Email: cbe@blakes.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Minister of Health
Counsel
Sébastien Gagné
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: BIOTECanada
Counsel
John Norman
Wendy Wagner
Suite 2600, Box 466
160 Elgin Street - Stn. D.
Ottawa, Ontario
K1P 1C3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Email: Anthony.creber@gowlingwlg.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(publication ban and sealing order in case) (court file contains information that is not available for inspection by the public)
Access to information - Exemptions - Third party information - Food and drugs - Confidentiality of scientific information concerning new drugs - Interpretation of statutes and regulations - Information provided to Health Canada protected for five years - Competitor requesting access to departmental information within that time - Whether Federal Court of Appeal erred in holding that Health Canada had no obligation to give Merck notice before disclosing certain records - Whether courts below erred in holding that Health Canada had no obligation to perform thorough examination to determine prima facie whether s. 20(1) applied before preparing to disclose record and thus before asking interested third party to make representations in accordance with s. 27(1) AIA - Whether Federal Court of Appeal erred in setting aside lower court’s decision and concluding that Merck had not established that any of information in issue met requirements for application of at least one exemption under s. 20(1)(a), (b) or (c) AIA - Food and Drug Regulations, C.R.C., c. 870, ss. C.08.002(1), (2), (3) and C.08.004.1(2), (3), (4) - Access to Information Act, R.S.C. 1985, c. A-1, ss. 20, 25, 27 - (See 33290 to same effect).
In 2000 and 2001, Health Canada received requests for access to all the information it had collected on Singulair, an asthma drug manufactured by Merck Frosst, during the certification process provided for in the Food and Drug Regulations. At the time, those regulations provided for a five-year moratorium following approval. Merck was notified by Health Canada that it intended to disclose a large part of the records; Merck also learned that certain pages had been disclosed without notice. It contested the decision through an application for judicial review.
Lower court rulings
Federal Court
Contrôle judiciaire de la décision ministérielle accordé; décision de divulguer une partie des documents annulée.
Federal Court of Appeal
Appel accueilli; dossier retourné en Cour fédérale pour nouvelle décision.
Federal Court
Contrôle judiciaire de la décision ministérielle accordé; décision de divulguer une partie des documents modifiée.
Federal Court of Appeal
2009 CAF 166, A-492-06
Appel accueilli et appel incident rejeté; contrôle judiciaire de la décision ministérielle annulé
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available