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The court adjourned an application to register an Alberta judgment without notice, finding the applicant failed to prove personal service.
The applicant, Canada Mortgage and Housing Corporation (CMHC), sought to register an Alberta judgment in Ontario without notice to the respondent.
The court found that CMHC failed to establish that the respondent was personally served with the "original action" (the Alberta application for a new judgment) and that the respondent did not appear or defend in that action.
Consequently, under s. 2(2) of the Reciprocal Enforcement of Judgments Act (REJA), CMHC was required to give reasonable notice.
The application was adjourned, and CMHC was ordered to proceed on notice to the respondent, with the court also noting concerns regarding the quality of CMHC's affidavit evidence and the calculation of the judgment amount.
