- Parties: The applicant was Elanco Canada Limited. The respondent was the Minister of Health Canada. 

- Subject Matter: In Canada (Health) v Elanco Canada Limited, 2021 FCA 191, the Federal Court of Appeal returned a matter under the Access to Information Act, 1985 to the Federal Court. Health Canada decided to disclose portions of the 166-page record of the applicant’s submissions for approval of the veterinary drug FortekorTM. Under s. 44 of the Act, the applicant applied for review of Health Canada’s decision. The parties disagreed on the severance and redactions to be applied to the record. 

- Ruling: The court ruled in the applicant’s favour and ordered the respondent to redact specified portions of the record. First, the court held that s. 20(1)(b) protected the information in the records on the “Identity of Suppliers,” which should be treated consistently with the “Supplier Information” records. Next, applying the standard of reasonable expectation of probable harm, the court found that s. 20(1)(c) covered the “Identity of Suppliers” information, which could have a negative competitive impact on the applicant. The court noted that the evidence supporting that disclosing this information would cause harm was unchallenged. Lastly, the court decided that s. 20(1)(d) also exempted the “Identity of Suppliers” information. 

- Date: The hearing was set on Nov. 8, 2023. The court released its decision on Apr. 8, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded the applicant costs of $19,020.