rescissiondefault judgmentservice irregularityprospects of success
Tags
rescission of judgmentdefault orderservice of process
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicants have provided a reasonable explanation for their default","issue_type":"procedural","dispositive":"yes","related_facts":"Service on wrong person, consultant's alleged failure to advise"}
{"issue_text":"Whether the applicants have prospects of success on the merits","issue_type":"mixed","dispositive":"yes","related_facts":"Voluntary termination agreements signed, benefits accepted"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment dismissing their appeal against termination of employment. They claimed service was effected on the wrong person and their consultant failed to advise them. The court found their explanations unreasonable and lacking in evidence.
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