Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 10
documents and the facts contained in those documents, and with Mr.
Preston’s permission I’m going to ask the official reporter to read
that agreement into the record, and then I’ll ask whether Mr. Preston
and Mr. Kerr if that is the agreement that we’ve come to. So if
Madam Reporter would read that into the record, please.
COURT REPORTER: (By reading)
“Protocol 1
October 19, 2005.
Penticton, BC
The following has been agreed to by the parties:
The plaintiff admits:
2010 FC 495 (CanLII)
1. as to the authenticity of the documents created by the
plaintiffs as contained in all the plaintiff’s affidavit of
documents.
2. the facts that are stated in the document were at the time of
the creation of the document believed by the author, who was
peaking for and on behalf of the plaintiff, to be true and
accurate based [upon] the information and knowledge of the
plaintiff, subject to errors and omissions that may be apparent
from the admissible evidence and/or the trial Judge’s
discretion.
3. this agreement is applicable from Plaintiff’s Document
733 and all documents thereafter.”
MR. WHITTLE: My learned friend, has the official reporter
read the agreement that we have come to correctly
MR. PRESTON:
Yes.
Q. MR. WHITTLE: Mr. Kerr, do you agree that that is the
agreement that we have come to
A. Yes.
[34] However, the Defendant subsequently attempted to resile from the purpose for which these
documents were entered. Notwithstanding these attempts, it is a fact that the Defendant entered