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On November 23, 1989, the Ministry of Health (the "institution") received a request for access to:
All records relating to [named company's] applications for listing of [named drug] and [named drug] in the January 1990 Ontario Formulary, including:
- all reviewers reports
- all minutes of meetings of the Drug Quality and Therapeutics Committee (DQTC)
- all internal memoranda of the Ministry and DQTC
- all communication between the Ministry and DQTC
On December 21, 1989, the request was clarified to include all representations and correspondence to the institution relating to the above drug listing applications, including representations submitted by the originator-manufacturers, and replies sent by the institution.
On December 22, 1989, the institution provided partial access to 62 records, with severances pursuant to sections 17, 19 and 21 of the Freedom of Information and Protection of Privacy Act (the "Act"). On March 27, 1990, 14 additional records were disclosed, with severances pursuant to sections 17 and 21. Finally, on June 14, 1990, three additional records were located and disclosed, with severances pursuant to section 17. The requester appealed the head's decision with respect to all severances.
Because attempts to mediate the appeal were not successful, notice that an inquiry was being conducted to review the decision of the head was sent to the appellant and the institution. Notice was also given to two corporations and four persons whose interests could be affected by the outcome of the appeal (the "affected parties"). Enclosed with each notice letter was a report prepared by the Appeals Officer, intended to assist the parties in making representations to this office concerning the subject matter of the appeal. Written representations were received from the institution, and five of the affected parties. Representations were not received from the appellant, although his correspondence with this office contained statements which support his position.
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