RICHARD BLACKWELL Globe and Mail Update TORONTO — Biovail founder Eugene Melnyk was privy to confidential information under a special agreement, and shouldn't be allowed to scuttle the drug maker's annual meeting, lawyers for the company argued in court Tuesday. Biovail lawyer Joel Richler said that the company allowed Mr. Melnyk to see preliminary voting results under a special “protocol” the two sides signed ahead of time to make sure the meeting ran smoothly. That information prompted Mr. Melnyk to withdraw his votes, leaving the meeting without a quorum, until the directors quickly changed the Biovail bylaws to allow a lower quorum. The company is asking an Ontario judge to declare valid its annual meeting on June 25, where Mr. Melnyk's dissident slate of directors was defeated. Mr. Melnyk wants the results thrown out and...
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