Case information
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40033
Anton Oleynik v. Memorial University of Newfoundland, et al.
(Newfoundland & Labrador) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-02-22 | Close file on Leave | |
| 2023-02-22 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2023-02-14 | Certificate of taxation issued to, Koren A. Thomson | |
| 2023-02-14 | Decision on the bill of costs, in the amount of $1,079.05, Reg | |
| 2023-02-14 | Submission of the bill of costs, Reg | |
| 2022-11-18 | Response to the bill of costs, (Letter Form), Completed on: 2023-02-09 | Anton Oleynik |
| 2022-11-17 | Bill of costs, *Under Review, Completed on: 2023-02-09 | Memorial University of Newfoundland |
| 2022-06-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-06-02 | Judgment on leave sent to the parties | |
| 2022-06-02 |
Judgment of the Court on the application for leave to appeal, The motion to file a lengthy memorandum of argument is granted. The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Numbers 202101H0006, 202101H0027 and 202101H0047, 2021 NLCA 56, dated December 1, 2021, is dismissed with costs to the respondent, Memorial University of Newfoundland. Dismissed, with costs |
|
| 2022-06-02 |
Decision on motion to file a lengthy memorandum of argument, See decision on application. Granted |
|
| 2022-06-02 |
Decision on the miscellaneous motion, See decision on application. Dismissed |
|
| 2022-05-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-02 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2022-05-02 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-03-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-03-18, (Printed version due on 2022-03-16) | Anton Oleynik |
| 2022-02-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-03-07) | Memorial University of Newfoundland |
| 2022-02-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-03-07) | Memorial University of Newfoundland |
| 2022-02-28 | Notice of name, (Letter Form), (Printed version due on 2022-03-07) | Memorial University of Newfoundland |
| 2022-02-28 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-03-07 | Memorial University of Newfoundland |
| 2022-02-28 | Respondent's response on the application for leave to appeal, (Letter Form), Respondent will not be submitting a response., Completed on: 2022-03-07, (Printed version due on 2022-03-07) | Michael Harvey, in his capacity as the Information and Privacy Commissioner of Newfoundland and Labrador |
| 2022-02-02 | Certificate (on limitations to public access), Public Access to Information Form | Anton Oleynik |
| 2022-01-27 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-01-28 | |
| 2022-01-10 | Notice of miscellaneous motion, (Book Form), (Included in the motion to file a lengthy memorandum of argument), Motion of application of s.40 & s.42 of the act to decisions under appeal, Completed on: 2022-01-26 | Anton Oleynik |
| 2022-01-10 | Motion to file a lengthy memorandum of argument, (Book Form), Completed on: 2022-01-26 | Anton Oleynik |
| 2022-01-10 |
Application for leave to appeal, (Book Form), Required: - Amended style of cause pursuant to Rule 22 - Public Access to Information form (rec'd 2022-02-02) - Proof of service (rec'd 2022-02-09) - TC Order - 2021-07-13 (rec'd 2022-02-02), no order available for 2021-02-26 judgment , Completed on: 2022-05-03, (Printed version due on 2022-01-17) |
Anton Oleynik |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Oleynik, Anton | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Memorial University of Newfoundland | Respondent | Active |
| Michael Harvey, in his capacity as the Information and Privacy Commissioner of Newfoundland and Labrador | Respondent | Active |
Counsel
Party: Oleynik, Anton
This party is not represented by counsel.
Party: Memorial University of Newfoundland
Counsel
Stephen F. Penney
1100 - 100 New Gower Street
P.O.Box 5038
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 570-8848
FAX: (709) 722-4565
Email: kthomson@stewartmckelvey.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Michael Harvey, in his capacity as the Information and Privacy Commissioner of Newfoundland and Labrador
Counsel
140 Water Street, Suite 804
P.O. Box 700
St. John’s, Newfoundland & Labrador
A1C 5L4
Telephone: (709) 739-8585 Ext: 5
FAX: (709) 739-8151
Email: andy@lbflegal.com
Summary
Keywords
Judgments and orders — Interlocutory orders — Access to information — Applicant filing Access to Information and Protection of Privacy Act (ATIPPA) requests for access to records of respondent university pertaining to workplace complaint and investigation against him — Applicant commencing originating application seeking judicial review of response to request — Lower courts dismissing interlocutory decisions dealing with procedural and evidentiary matters on uncompleted matters that continue to be case managed in the Supreme Court, General Division — Whether proper standard of review of matters pertaining to access to information applied by applications judge and Court of Appeal — Whether metadata is reliable source of information responsive to access to information requests or pertaining to discovery — Whether duty of fairness owed to applicant was met by lower courts — Access to Information and Protection of Privacy Act, 2015, S.N.L. 2015, c. A 1.2.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant filed several Access to Information and Protection of Privacy Act requests for access to records from the respondent university pertaining to a workplace complaint and its investigation. The applicant was not satisfied with the response to his ATIPPA requests, so he made an access complaint to the Information and Privacy Commissioner. The Commissioner investigated and issued a report recommending that the university release certain of the requested records. The university responded but the applicant was not satisfied and commenced an originating application seeking judicial review of the response. The multiple interlocutory decisions flow from this appeal. The four interlocutory decisions deal with procedural and evidentiary matters on uncompleted matters that continue to be case managed in the Supreme Court, General Division.
The Supreme Court of Newfoundland and Labrador dismissed the interlocutory applications (save for ordering limited access to “personal information” redactions). The appeal to the Court of Appeal was also dismissed.
Lower court rulings
Supreme Court of Newfoundland and Labrador, General Division
201901G5833, 2021 NLSC 4
Dismissal of Mr. Oleynik’s application to force Memorial to reply to interrogatories.
Supreme Court of Newfoundland and Labrador, General Division
202001G1408, 2021 NLSC 31, 2021 NLSC 32
Dismissal of Mr. Oleynik’s application for leave to cross examine persons who deposed affidavits on behalf of Memorial.
Supreme Court of Newfoundland and Labrador, General Division
202001G1408, 2021 NLSC 52
Dismissal of Mr. Oleynik’s applications to remove redactions made by Memorial on some records. Memorial shall provide access to “personal information” redactions on the terms and conditions set out by court.
Court of Appeal of Newfoundland and Labrador
2021 NLCA 40, 202101H0006
Consolidation of appeals decision.
Supreme Court of Newfoundland and Labrador, General Division
201901G5833, 2021 NLSC 99
Dismissal of Mr. Oleynik’s application for admission into evidence of expert reports dealing with headers and metadata on electronic reproductions of emails.
Court of Appeal of Newfoundland and Labrador
2021 01H 0006, 2021 01H 0027, 2021 01H 0047, 2021 NLCA 56
Appeals dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available