Key Points:

• Nature of the Case:
  This is a mortgage dispute where the appellant, Jawaid, challenged the trial court's ruling.

• Arguments:

  • Jawaid argued the trial was a collateral attack on an earlier decision that allowed him to file a defense after a default judgment was set aside.
  • He also claimed procedural unfairness and raised a jurisdictional issue, which was dismissed by the court as both new and meritless.

• Decision:

  • The appeal court upheld the trial judge's ruling that Jawaid was properly notified about the issues for trial and that there was no error in the trial's process.
  • The earlier judgment by Justice Fowler Byrne, which set aside the default judgment, did not preclude the trial from determining the mortgage default.
  • The appellant did not contest the mortgage's validity or its arrears.

• Outcome:
  The appeal was dismissed, and costs of $5,000 were awarded to Angel Capital Finance Inc.