University of Alberta v. Alberta (Information and Privacy Commissioner), 2012 ABQB 291

Court of Queen ’ s Bench of Alberta Citation: University of Alberta v. Alberta (Information and Privacy Commissioner), 2012 ABQB 291 Date: 20120502 Docket: 1003 05907 Registry: Edmonton In the Matter of the Freedom of Information and Protection of Privacy Act , R.S.A. 2000, c. F-25 , as amended And In the Matter of Order F2009-023 Issued by the Officer of the Information and Privacy Commissioner, Dated February 26, 2010 Between: The Governors of the University of Alberta Applicant - and - Information and Privacy Commissioner and Dr.

Anton Oleynik Respondents - and - Association of Academic Staff of the University of Alberta Intervenor (proposed) _______________________________________________________ Reasons for Judgment on of the Honourable Mr. Justice Donald Lee

_______________________________________________________ [ 1 ] Dr. Oleynik was a respondent in two judicial reviews, University of Alberta v. Alberta (Information and Privacy Commissioner ), 2012 ABQB 247 and Association of Academic Staff of the University of Alberta v. University of Alberta , 2012 ABQB 248 . I issued Reasons for Judgment in each of these on April 16, 2012 and on April 18, 2012 Dr. Oleynik sought a “stay of proceedings” pursuant to R. 1.4(2)(

h) of the Alberta Rules of Court because he was scheduled to be abroad teaching and conducting research over the summer. He amended the Application on April 20, 2012, seeking confirmation that he maintain his email address for service, and appended an Expedia itinerary to the revised application indicating that he was to leave Edmonton on April 27, 2012. [ 2 ] Both the University of Alberta and the Association of Academic Staff of the University of Alberta (AASUA) responded to the application by letter, with AASUA essentially adopting the University’s position.

The University submits that a stay is unnecessary and unwarranted. The only remaining step in the action is the finalization and filing of the Order. Since Dr. Oleynik is unavailable to approve the Order, the University seeks an Order under R. 9.4(2)(

c) dispensing with the requirement of Dr. Oleynik’s approval of the Order before filing. In the alternative, it suggests that it seek the approval of AASUA to the form of the Order and then present the form of Order to me for approval. [ 3 ] The University further notes that it expects that there will be no further proceedings, as it will not be seeking costs against any of the parties, unless Dr. Oleynik seeks to delay these proceedings any further. The University further indicates that it is prepared to communicate with Dr. Oleynik through his email. [ 4 ] It may be that Dr.

Oleynik is seeking a stay of the proceedings so that he may file an appeal within the time limitations under the rules, and that this would be difficult to do while he is away. He has not said so expressly. In any event, this is not an appropriate basis for a stay. [ 5 ] There is no need for a stay of proceedings. Other than the finalization of the Order, these proceedings are complete. The University of Alberta may prepare the Order for approval by AASUA and then provide it to me for my review and, if appropriate, approval and signature.

Since I will be approving and signing the Order (under R. 9.4(3)), there is no need to obtain Dr. Oleynik’s approval or a waiver of that approval under R. 9.4(2)(c). Dated at the City of Edmonton, Alberta this 2 nd day of May, 2012. Donald Lee J.C.Q.B.A.

Appearances: J. Cameron Prowse, Q.C. and Noël Papadopoulos Prowse Chowne LLP for the Applicant Sandra M. Anderson and Anne L.G. Côté Field LLP for the Respondent, The Governors of the University of Alberta Dr. Anton Oleynik On His Own Behalf