Anton Oleynik v. University of Calgary

(Alberta) (Civil) (By Leave)




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Administrative law – Judicial review – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance.

The applicant’s application for a Social Sciences and Humanities Research Council research grant was reviewed by a committee that included professors employed by various universities in Canada. A research grant was denied. The applicant made access-to-information requests to the Research Council and the committee members’ employers. From the respondent, it requested access to emails containing his name that were sent or received by one of its employees who was a committee member. Relying on a statement from the employee, the respondent responded to the applicant that there were no responsive records. The applicant asked the Information and Privacy Commissioner of Alberta to review the response. An adjudicator was appointed. The adjudicator refused to allow the applicant to tender fresh evidence in camera. She then held that there was no evidence that responsive records existed. She held that the University of Calgary had conducted a reasonable search and met its duty under section 10(1) of the Freedom of Information and Protection of Privacy Act, R.S.A. 2000, c. F-25. The applicant applied for judicial review and again sought to file fresh evidence. The applications to file fresh evidence and for judicial review were dismissed. The applicant appealed. The appeal was dismissed.

Lower Court Rulings

March 19, 2012
Court of Queen’s Bench of Alberta

1101 09075, 2012 ABQB 189
Application for judicial review dismissed
March 26, 2013
Court of Appeal of Alberta (Calgary)

1201-0082-AC, 2013 ABCA 105
Appeal dismissed