2 total
Investor relationship upheld; mortgage debt enforceable against defendant.
The plaintiff sought recovery of funds secured by a mortgage arising from an investment agreement relating to a car export venture.
The defendant argued the parties were partners and that the plaintiff should only recover his principal investment and share any losses.
The court examined the investment agreement, addendum, mortgage documents, and promissory note, finding the documentation consistently characterized the plaintiff as an investor rather than a partner.
The court concluded the defendant acknowledged a debt secured by the mortgage and that there was no evidence the plaintiff shared the risk of loss.
Judgment was granted to the plaintiff for the balance of the mortgage together with interest.
Temporary personnel agencies found not to be the employers of electricians supplied to federal government.
The applicant union filed applications for certification and unfair labour practice complaints against two temporary personnel agencies, Dare Personnel Inc. and Personnel Force Inc. The union sought bargaining rights for electricians supplied by the agencies to the federal Department of Public Works.
The Board determined as a preliminary issue whether the agencies were the employers of the electricians.
Applying the York Condominium factors, the Board found that fundamental control over the electricians' day-to-day work, including direction, supervision, and the authority to remove them from the site, rested with Public Works, not the agencies.
Consequently, the Board concluded that the personnel agencies were not the employers and dismissed the certification applications.
