Background: BIE Health Products sought damages for defamation following a Public Health Warning by Health Canada about their product, GHR-15, which lacked regulatory approval. They also challenged the constitutionality of the federal Food and Drugs Act and Regulations as they applied to their product, claiming violations of the Canadian Charter of Rights and Freedoms.
Facts: The Attorney General of Canada defended against both claims, asserting the plaintiff violated regulations, acted in good faith, and that the statutory provisions were constitutional.
Issues/Main Discussion: Key issues included the disclosure of expert instructions, the constitutionality of certain regulations, and the admissibility of communication between the Attorney General's experts and others.
Ruling: The court found instructions to experts were disclosed, communication between the Attorney General's office and experts was privileged, and denied BIE's request for disclosure of certain documents and communications. The court upheld the constitutionality of the regulatory actions and statutes.
Amount Awarded: The Attorney General was deemed the successful party, awarded $12,000 in partial indemnity costs to be paid by BIE within 30 days.
