Case information
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41632
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) |
|---|---|---|
| 2025-06-06 | Close file on Leave | |
| 2025-06-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-05 | Judgment on leave sent to the parties | |
| 2025-06-05 |
Judgment of the Court on the application for leave to appeal, The motion to postpone the determination of the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 202301H0034, 2024 NLCA 44, dated December 13, 2024, is dismissed with costs to the respondent, Memorial University of Newfoundland. Dismissed, with costs |
|
| 2025-06-05 | Decision on the miscellaneous motion, See decision on application | |
| 2025-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-22 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-02-07 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - 23A, Completed on: 2025-04-22, (Printed version due on 2025-02-14) |
Michael Harvey, in his capacity as the information and privacy commissioner of Newfoundland and Labrador |
| 2025-02-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-02-07, (Printed version filed on 2025-02-27) | Anton Oleynik |
| 2025-02-05 | Notice of name, (Letter Form), (Printed version due on 2025-02-12) | Memorial University of Newfoundland |
| 2025-02-05 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-02-12) | Memorial University of Newfoundland |
| 2025-02-05 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-02-05, (Printed version due on 2025-02-12) | Memorial University of Newfoundland |
| 2025-01-09 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-01-08 |
Notice of miscellaneous motion, (Book Form), Postpone the determination of this application until 60 days following the reserved Court of Appeal’s decision is rendered. Missing: - Proof of service (Rec'd 2025-01-09), Completed on: 2025-01-10 |
Anton Oleynik |
| 2025-01-08 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Anton Oleynik |
| 2025-01-08 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd 2025-01-14) - Proof of service (Rec'd 2025-01-09), Completed on: 2025-01-14 |
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
100 New Gower Street
Suite 1100, Cabot Place
St. John’s, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
Email: kthomson@stewartmckelvey.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
Civil procedure — Case management — Reasonable apprehension of bias — Recusal — Whether ex parte communication is indicative of the decision-maker’s bias, and if so, whether it constitutes a sufficient ground for their recusal.
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 sought the recusal of the case management judge from hearing an application for production of records in native format of an access to information request and the recusal of the case management judge from the multiplicity of all his other case-managed proceedings.
The motion was denied and the appeal dismissed.
Lower court rulings
Applicant’s application for recusal of case management judge denied
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 613‑996‑7933 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