Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

22.01.2015 Views

Page: 158 half the problem. In truth it may easily be self-direction of a dangerous kind. (ii) Plaintiffs’ Witnesses [612] I found the Plaintiffs’ witnesses to be honest, truthful and credible. Their evidence is supported by and consistent with the documentary exhibits, including the documents emanating 2010 FC 495 (CanLII) from the Defendant. [613] While there were some “soft” spots in the evidence of Mr. Bourgh, for example as to the date of the Gold Show in Dawson City in 1996, this was not something that undermined the substance of his evidence about the events in the early days of LPL and his involvement with the Watson Lake mill. Overall, I accept him to have been an honest and credible witness. [614] Mr. Gartshore also suffered some memory lapses but he provided an explanation in that regard. He had suffered a serious illness in 1997. However, his testimony about his involvement in the development of the early business plan was supported by the production of the documents in question. [615] Mr. Staffen’s evidence as to his participation in the meeting with Minister Irwin and Mr. Doughty and the Gold Show is not consistent with the evidence provided in the Plaintiffs’ Reply to the Notice to Admit and will be discounted.

Page: 159 [616] Mr. Gurney is an unassuming man. He delivered his evidence in a straight-forward manner and credibly. I note that he was never an investor, officer, director or employee of the Plaintiffs. He was a plausible witness. [617] Mr. Heit impressed me as knowledgeable and competent. Although he did not possess all of the formal qualifications held by some other witnesses, he knew what he was talking about in terms 2010 FC 495 (CanLII) of harvesting timber. He was a solidly credible witness. [618] Mr. Spencer was a steadfast witness. He is a straight-forward man who gave straightforward evidence. He frankly admitted that he is an entrepreneur, in business to make money and prepared to take calculated risks in pursuit of opportunities. He was a credible witness. [619] Mr. Fehr was a steady and credible witness. He, too, is a businessman. He was plausible in replying to questions in both direct and cross-examination. [620] Mr. Brian Kerr was consistent and credible in his evidence, addressing relevant matters. He was unshaken in cross-examination when questioned about material matters such as “no guarantee” letters. [621] Mr. Alan Kerr was straight-forward and consistent in his evidence. He was a credible witness whose evidence was reliable.

Page: 159<br />

[616] Mr. Gurney is an unassuming man. He delivered his evidence in a straight-forward manner<br />

and credibly. I note that he was never an investor, officer, director or employee of the Plaintiffs. He<br />

was a plausible witness.<br />

[617] Mr. Heit impressed me as knowledgeable and competent. Although he did not possess all of<br />

the formal qualifications held by some other witnesses, he knew what he was talking about in terms<br />

2010 FC 495 (CanLII)<br />

of harvesting timber. He was a solidly credible witness.<br />

[618] Mr. Spencer was a steadfast witness. He is a straight-forward man who gave straightforward<br />

evidence. He frankly admitted that he is an entrepreneur, in business to make money and<br />

prepared to take calculated risks in pursuit of opportunities. He was a credible witness.<br />

[619] Mr. Fehr was a steady and credible witness. He, too, is a businessman. He was plausible in<br />

replying to questions in both direct and cross-examination.<br />

[620] Mr. Brian Kerr was consistent and credible in his evidence, addressing relevant matters. He<br />

was unshaken in cross-examination when questioned about material matters such as “no guarantee”<br />

letters.<br />

[621] Mr. Alan Kerr was straight-forward and consistent in his evidence. He was a credible<br />

witness whose evidence was reliable.

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