Dena N. Varah

The trustee in bankruptcy appealed an order restricting it from providing the bankrupt estate's inspectors and creditors with access to the bankrupt's documents.

The restriction was initially imposed due to concerns that an inspector, representing a competitor creditor, would use the information for collateral purposes.

The Court of Appeal allowed the appeal, holding that inspectors require access to documents to fulfill their statutory supervisory duties.

The court ruled that the proper remedy for concerns about misuse of information is to restrain the collateral use of the documents or remove the inspector, rather than denying access entirely.

The Minister of Health and Genpharm appealed a decision granting judicial review that quashed the extension of a cut-off date for generic drug submissions to the Ontario Drug Benefit Formulary.

The application judge had found the process procedurally unfair and ordered a new cut-off date, resulting in all five competing generic drug companies having their products listed.

The Court of Appeal dismissed both appeals as moot, finding that the new Formulary had already been published, the legal landscape had changed, and Genpharm's proposed future action for damages did not justify hearing the appeal on the merits.