Upenyu Mashangwa v Alfred W. Ashby

Key Issues

• {"issue_text":"Whether the applicant is entitled to rescission of the default judgment granted on 27 January 2015.","issue_type":"procedural","dispositive":"yes","related_facts":"Default at pre-trial conference; timing of application; validity of service; existence of triable issues."}
• {"issue_text":"Whether the correct procedure for the application is Rule 63 or Rule 449.","issue_type":"law","dispositive":"yes","related_facts":"Nature of the default judgment (struck out defence)."}
• {"issue_text":"Whether the certificate of service was valid despite being unsigned by the process server.","issue_type":"procedural","dispositive":"no (Court proceeded to merits after corrected certificate filed)","related_facts":"The certificate of service in the record was unsigned."}
• {"issue_text":"Whether the applicant has demonstrated good and sufficient cause for rescission.","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's explanation for default; bona fides of defence."}

Background