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Client Work

Merck Frosst wins before the Federal Court against Health Canada

Fasken
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Client

Merck Frosst Canada & Co.

Karl Delwaide acted for Merck Frosst Canada & Co. in a lawsuit against Health Canada and the Minister of Health. The case, which began in 1999 and is ongoing, deals with the intersection between the Federal Access to Information Act and the protection of strategic information. Using novel arguments based on the principles of administrative law, Mr. Delwaide argued and won, in part, before the Federal Court that Merck Frosst's strategic information, as it pertains to the development of pharmaceuticals, does not fall within public domain. The lawsuits include more than 55,000 pages of document files. [Merck Frosst Canada Ltée v. Le Ministre de la Santé du Canada, [2006] CF 1201 – Merck Frosst Canada Ltée v. Le Ministre de la Santé du Canada, [2006] CF 1200 – Merck Frosst Canada & Co. v. Canada (Ministre de la Santé), [2005] CAF 215 – Merck Frosst Canada & Co. v. Canada (Ministre de la Santé), [2004] CF 959.]

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