Angel Capital Finance Inc. v. Jawaid

Angel Capital Finance Inc. v. Jawaid

The appeal is dismissed because the R.S.J. properly conducted a trial on an action that was fully constituted after the default judgment was set aside; the earlier order was interlocutory and not binding on the trial judge; the appellant had notice of the trial scope and advanced no valid error of fact or law in the R.S.J.’s findings that the mortgage was in arrears and the amounts owing were as determined.

Citation
2024 ONCA 701
Parties
Plaintiff (respondent): Angel Capital Finance Inc.; Defendant (appellant): Muhammad Jawaid
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 September 2024
Procedural Posture
Civil Appeal (mortgage Action) / Court of Appeal Judgment on Appeal From Superior Court of Justice (trial Before Regional Senior Justice)
Outcome
Appeal dismissed.
Legal Topics
Default Judgment, Setting Aside Default, Notice of Sale, Writ of Possession, Procedural Fairness, Case Management, Interlocutory Orders
Source Language
English
Civil Property Mortgage Procedure Default Judgment Setting Aside Default Notice of Sale Writ of Possession +3 more

Case Brief

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Parties

Angel Capital Finance Inc.

Plaintiff (respondent)

Muhammad Jawaid

Defendant (appellant)

Procedural Posture

Civil Appeal (mortgage Action) / Court of Appeal Judgment on Appeal From Superior Court of Justice (trial Before Regional Senior Justice)

Legal Issues

  1. 1 Whether the Court of Appeal judgment amounted to a collateral attack on an earlier order setting aside a default judgment
  2. 2 Whether the appellant was denied procedural fairness or surprised by the scope of the trial
  3. 3 Whether the earlier judge’s reasons were binding on the trial judge

Ratio Decidendi

The appeal is dismissed because the R.S.J. properly conducted a trial on an action that was fully constituted after the default judgment was set aside; the earlier order was interlocutory and not binding on the trial judge; the appellant had notice of the trial scope and advanced no valid error of fact or law in the R.S.J.’s findings that the mortgage was in arrears and the amounts owing were as determined.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent in the amount of $5,000, all-inclusive, payable by the appellant