Case information
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35332
Anton Oleynik v. University of Calgary
(Alberta) (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) |
|---|---|---|
| 2014-01-27 | Close file on Leave | |
| 2014-01-27 | Certificate of taxation issued to, Ivan Bernardo | |
| 2014-01-27 | Decision on the bill of costs, in the amount of $892.10, DeRg | |
| 2014-01-27 | Submission of the bill of costs, DeRg | |
| 2013-12-20 | Response to the bill of costs, Completed on: 2013-12-20 | Anton Oleynik |
| 2013-12-20 | Bill of costs, Completed on: 2013-12-20 | University of Calgary |
| 2013-12-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-06 | Judgment on leave sent to the parties | |
| 2013-12-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1201-0082-AC, 2013 ABCA 105, dated March 26, 2013 is dismissed with costs. The requests for special costs are denied. Dismissed, with costs |
|
| 2013-12-03 | Correspondence (sent by the Court) to, the applicant further to his letter dated 2013-11-29 advising that the release date of the judgment will not be changed. | |
| 2013-11-29 | Correspondence received from, Anton Oleynik dated 2013-11-29. Re: Requests a delay on the release of the judgment | Anton Oleynik |
| 2013-11-27 | Correspondence received from, Anton Oleynik dated 13/11/27. Re: Letter sent to C/A concerning the order | Anton Oleynik |
| 2013-10-25 | Correspondence received from, Anton Oleynik dated 2013-10-25. Re: Letter adressed to the Minister of Justice | Anton Oleynik |
| 2013-10-07 | Correspondence received from, Anton Oleynik dated 2013-10-07. Re: Filing of the Court of appeal order | Anton Oleynik |
| 2013-10-07 | Correspondence received from, Anton Oleynik dated 2013-10-07. Re: Letter to the Minister of Justice of Alberta | Anton Oleynik |
| 2013-09-23 | Correspondence received from, Anton Oleynik dated 2013-09-23. Re: Affidavit sent to the Court of appeal in Alberta | Anton Oleynik |
| 2013-09-19 | Correspondence received from, Anton Oleynik dated 2013-09-19. Re: Draft order was sent to the respondent | Anton Oleynik |
| 2013-09-05 | Correspondence received from, Anton Oleinick dated Sept. 5/13 re incorrect address | Anton Oleynik |
| 2013-09-03 | Correspondence received from, Anton Oleinick dated Sept. 3/13 re order | Anton Oleynik |
| 2013-08-27 | Order on motion to extend time, (by the Deputy Registrar) | |
| 2013-08-27 |
Decision on motion to extend time, DeRg, UPON APPLICATION by counsel on behalf of the respondent, for an order extending the time within which to serve its response to the application for leave to appeal to May 30, 2013; IT IS ORDERED that the motion is granted Granted |
|
| 2013-08-27 | Submission of motion to extend time, DeRg | |
| 2013-08-14 | Correspondence received from, Stephen M. Torscher dated Aug. 13/13 with a judgment of the Alta Court of Appeal rendered Aug. 2/13 regarding costs | University of Calgary |
| 2013-07-25 | Motion to extend time, to serve the respondent's response to May 30/13, Completed on: 2013-08-16 | University of Calgary |
| 2013-07-02 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-06-03 | Applicant's reply to respondent's argument, Completed on: 2013-06-03 | Anton Oleynik |
| 2013-05-28 | Affidavit | Anton Oleynik |
| 2013-05-27 | Correspondence received from, Anton Oleynik dated May 25, 2013. Re: Service of the response | Anton Oleynik |
| 2013-05-24 | Respondent's response on the application for leave to appeal, Completed on: 2013-06-12 | University of Calgary |
| 2013-04-24 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened | |
| 2013-04-23 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2013-04-22 | Application for leave to appeal, C/A order missing - Rec'd on 2013-11-01, Completed on: 2013-11-01 | 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 |
|---|---|---|
| University of Calgary | Respondent | Active |
Counsel
Party: Oleynik, Anton
This party is not represented by counsel.
Party: University of Calgary
Counsel
Evan Valeriote
700 9th Avenue Southwest
Suite 3000
Calgary, Alberta
T2P 3V4
Telephone: (403) 298-2425
FAX: (403) 262-0007
Email: ibernardo@millerthomson.com
Summary
Keywords
None.
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.
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
Court of Queen’s Bench of Alberta
1101 09075, 2012 ABQB 189
Application for judicial review dismissed
Court of Appeal of Alberta (Calgary)
1201-0082-AC, 2013 ABCA 105
Appeal 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 613-996-8666 or at 1-844-365-9662.
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
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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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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