Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 142
the trial judge said in Carrier Lumber Ltd., the characterization of this case by the Defendant has
“moved the conflict from the personal to the theoretical”. The present action also concerns “more
profound and yet simple” questions.
[563] This action is about the construction of a mill in Watson Lake, located in southeast Yukon.
The questions to be answered are why did the Plaintiffs build the mill, why did the mill close and
2010 FC 495 (CanLII)
what are the legal consequences The answers to these questions depend on my assessment of the
evidence that was submitted.
[564] Prior to calling their witnesses, each side presented an opening statement and identified,
from their respective points of view, the legal issues in play.
[565] The Plaintiffs said that their claims fall into the categories of negligence, misrepresentation,
breach of contract, breach of fiduciary duty and misfeasance in public office.
[566] For her part, the Defendant pleaded a denial of all the claims advanced by the Plaintiffs. She
then advanced alternative defences in agency, assignment, cost, damages, estoppel, fiducia, joint
venture, laches, limitations, malice, misfeasance in public office, negligence, negligent
misrepresentation, partnership, prerogative right of the Crown, representative proceedings and trust.
While she identified these as the issues, in her opening statement, the Defendant did not address all
of these issues in her closing submissions.