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First mortgagee cannot claim increased fees from subsequent amending agreements in priority to second mortgagee.
In a reference to determine the distribution of proceeds from a mortgage sale, the first mortgagee sought to claim increased fees and expenses arising from amending agreements entered into with the mortgagor after the second mortgagee registered its charge.
The court held that the second mortgagee was not bound by the amending agreements, as it had no notice of them at the time of registration.
The first mortgagee was only entitled to claim fees specifically set out in the registered mortgage and standard charge terms.
The increased fees were disallowed and legal fees were reduced.
Grievance dismissed; subcontractor had just cause to discharge employee barred from site by general contractor.
The union referred a grievance alleging the employer, a subcontractor, terminated the grievor without just cause.
The grievor was barred from the construction site by the general contractor after being identified as the person who threw firecrackers in the work area.
The employer discharged the grievor because it had no other work for him and could not lay him off due to collective agreement obligations.
The Board found that the grievor did throw the firecrackers and that the employer had just cause for discharge, as the general contractor had ultimate control over site access and the employer had no alternative work available.
