Seedlings Life Science Ventures v. Pfizer Canada “Seedlings I”
This was a preliminary motion on the same facts as the Seedlings case noted above. In advance of the LFA approval motion, the defendant, Pfizer, was provided with a redacted version of the LFA (the Court had an unredacted version). Pfizer filed
a motion for an unredacted copy.
Case Management Judge Tabib dismissed Pfizer’s motion, with costs. The Court found that litigation privilege attaches to the LFA, as it “was prepared and created for the sole purpose of the present litigation” [p. 2]. It was proper for portions relating to details of Bentham’s funding commitment and timing variables to be withheld from the defendant. Otherwise, Pfizer would get “a tactical advantage in how the litigation would be prosecuted or settled, and the very essence of what the litigation privilege is designed to protect” [p. 4].