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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Oleynik, Anton Applicant Active

v.

Main parties - Respondents
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
Name
Koren Thomson
Contact information
Stewart McKelvey
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
Name
Andrew A. Fitzgerald
Contact information
Learmonth, Boulos & Fitzgerald
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

June 9, 2023
Supreme Court of Newfoundland and Labrador, General Division

2023 NLSC 86

Applicant’s application for recusal of case management judge denied

December 13, 2024
Court of Appeal of Newfoundland and Labrador

2024 NLCA 44

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

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

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

Webcasts

Not available.

Date modified: 2025-06-07