Background:
- In 2008, Bukasa and another individual (Carl Modeste) secured a mortgage from the Canadian Imperial Bank of Commerce (CIBC) for a property in Calgary, Alberta.
- After defaulting on the mortgage, a default judgment was issued in 2012 for $113,035.13.
- CIBC later assigned the judgment to CMHC.
- CMHC obtained a new judgment in 2023 for $120,203.27, including principal, interest, and costs.
CMHC’s Application:
- CMHC applied to register the 2023 judgment in Ontario to enforce the debt against Bukasa.
- The application was made without notice to the respondent.
Court’s Interim Ruling:
- Notice Requirement:
- The court found CMHC must notify Bukasa of the application. Despite CMHC's claims of proper service, the court identified gaps in proof that Bukasa was personally served with relevant documents.
- Quality of Evidence:
- The court raised concerns about the reliability of CMHC’s evidence, particularly the affidavit used to support service of documents.
- Adjournment:
- The application is adjourned until Bukasa receives proper notice, and CMHC must file additional supporting documents.
The court adjourned CMHC’s application and required CMHC to notify the respondent (Caroline Bukasa) before proceeding. Therefore, there is no final determination of success at this point.
