Preventous Collaborative Health v. Canada (Health)
PREVENTOUS COLLABORATIVE HEALTH
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Bronwhyn Simmons

PROVITAL HEALTH
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Bronwhyn Simmons

COPEMAN HEALTHCARE CENTRE
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Bronwhyn Simmons

CANADA (MINISTER OF HEALTH)
  • Background: Preventous Collaborative Health and others appealed against the Federal Court orders dismissing their motion for an extension of time to start applications for judicial review. These applications pertained to Health Canada's decisions about private primary healthcare clinics.

  • Appellants' Argument: The appellants argued for judicial review regarding Health Canada's decision to release a redacted version of an audit report concerning their practices.

  • Decision: The Federal Court of Appeal dismissed the appeal, upholding the lower court's decision. The Court found no error in law or fact in the lower court's ruling.

  • Key Points:

    1. Relevance of Requested Documents: The Court found the appellants failed to demonstrate the relevance of the requested documents to the issue at hand.
    2. Overbreadth and Fishing Expedition: The Court noted the overbreadth of the request and characterized it as an improper fishing expedition.
  • Conclusion: The case emphasizes the importance of relevance and specificity in requests for judicial review, particularly concerning decisions on disclosure of audit reports.

  • Financial terms not specified.

Federal Court of Appeal
A-136-23
Health law
Respondent
12 May 2023