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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.


41868

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)
2026-01-06 Correspondence received from, Re: Agent for the respondent Anton Oleynik
2026-01-06 Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2026-01-07 Anton Oleynik
2025-12-19 Correspondence (sent by the Court) to, Anton Oleynik
2025-12-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-12-04 Judgment on leave sent to the parties
2025-12-04 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgments of the Court of Appeal of Newfoundland and Labrador, Number 202301H0054, 2025 NLCA 15, dated April 29, 2025, and Number 202401H0025, 2025 NLCA 22, dated June 3, 2025, is dismissed with costs to the respondent, Memorial University of Newfoundland.
Dismissed, with costs
2025-11-03 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-08-08 Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-08-08 Anton Oleynik
2025-07-30 Certificate (on limitations to public access), (Book Form), Form 23A, (Printed version filed on 2025-07-30) Memorial University of Newfoundland
2025-07-30 Notice of name, (Book Form), (Printed version filed on 2025-07-30) Memorial University of Newfoundland
2025-07-30 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-07-30, (Printed version filed on 2025-07-30) Memorial University of Newfoundland
2025-06-27 Certificate (on limitations to public access), Public access to information form Anton Oleynik
2025-06-24 Letter advising parties of an incomplete application for leave to appeal, File opened
2025-06-20 Application for leave to appeal, (Book Form), Missing:
-Amended notice of application indicating the correct judgement date (rec'd 2025-06-27)
-Public access to information form OR 23A (and 23B, if applicable) (rec'd 2025-06-27)
-Proof of service (rec'd 2025-06-27), Completed on: 2025-06-27
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
Agent
Name
Graham Ragan
Contact information
Gowling WLG (Canada) LLP
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.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

Courts — Jurisdiction — Inherent jurisdiction to declare a litigant vexatious in the absence of specific statutory authority — Civil procedure — Case management — Leave to cross-examine affiants and opposing counsel — Does the inherent jurisdiction vested in a superior court authorize the imposition of vexatious litigant orders when the legislator did not expressly empower the superior court to make such orders?

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, Anton Oleynik, and the respondent, Memorial University of Newfoundland (“Memorial”), have been engaged in litigation since 2017. Memorial subsequently filed an application seeking, inter alia, to have Mr. Oleynik declared a vexatious litigant. Mr. Oleynik sought leave to cross examine Memorial’s legal counsel and the individuals who swore the affidavits filed in support of that application. The application judge denied Mr. Oleynik leave to cross examine and declared him a vexatious litigant. Mr. Oleynik appealed the decisions. The Court of Appeal held that the application judge made no error in denying leave to cross-examine and in relying on the Supreme Court of Newfoundland and Labrador’s inherent jurisdiction to declare Mr. Oleynik a vexatious litigant. The extensive record before the judge demonstrated abuse of process. The Court of Appeal dismissed both appeals.

Lower court rulings

September 27, 2023
Supreme Court of Newfoundland and Labrador, General Division

2023 NLSC 126

Interlocutory application dismissed. Leave to cross-examine affiants and legal counsel of respondent, Memorial University of Newfoundland, denied.

March 14, 2024
Supreme Court of Newfoundland and Labrador, General Division

2024 NLSC 42

Applicant declared vexatious litigant.

April 29, 2025
Court of Appeal of Newfoundland and Labrador

2025 NLCA 15 (French only)

Appeal against decision denying leave to cross-examine affiants and legal counsel dismissed.

June 3, 2025
Court of Appeal of Newfoundland and Labrador

2025 NLCA 22

Appeal against order declaring applicant vexatious litigant 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: 2026-01-08