Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
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 107 and 108: Page: 107 to shut down operations i
- Page 109 and 110: Page: 109 continuing delays by DIAN
- Page 111 and 112: Page: 111 [439] On October 1, 1999,
- Page 113 and 114: Page: 113 [447] In October 1999, DI
- Page 115 and 116: Page: 115 regulations would impleme
- Page 117 and 118: Page: 117 [464] There was another m
- Page 119 and 120: Page: 119 [472] Mr. Ballantyne, the
- Page 121 and 122: Page: 121 [482] However, there is a
- Page 123 and 124: Page: 123 [488] I note that on the
- Page 125 and 126: Page: 125 [498] Mr. Ballantyne said
- Page 127 and 128: Page: 127 [508] SYFC had announced
- Page 129 and 130: Page: 129 [516] The closure of the
- Page 131 and 132: Page: 131 [523] The Hyland-Coal THA
- Page 133 and 134: Page: 133 [531] As mentioned earlie
- Page 135 and 136: Page: 135 explained to YCS that the
- Page 137 and 138: Page: 137 [543] At this time the jo
- Page 139 and 140: Page: 139 without the promised timb
- Page 141 and 142: Page: 141 479 In some respects coun
- Page 143 and 144: Page: 143 B. Preliminary Issues [56
- Page 145 and 146: Page: 145 of action arising in that
- Page 147 and 148: Page: 147 [577] In responding to th
- Page 149 and 150: Page: 149 The plaintiff shall serve
- Page 151 and 152: Page: 151 20 For the reasons expres
- Page 153 and 154: Page: 153 [598] Both the Plaintiffs
- Page 155 and 156: Page: 155 … Liability for acts of
- Page 157: Page: 157 from the evidence, and if
- Page 161 and 162: Page: 161 Q. Did you understand the
- Page 163 and 164: Page: 163 [633] Mr. Madill was anot
- Page 165 and 166: Page: 165 [643] Having regard to th
- Page 167 and 168: Page: 167 [653] In Design Services
- Page 169 and 170: Page: 169 [660] In Childs v. Desorm
- Page 171 and 172: Page: 171 [668] This reliance by th
- Page 173 and 174: Page: 173 [674] Similarly, the Defe
- Page 175 and 176: Page: 175 we would be interested in
- Page 177 and 178: Page: 177 happy with this decision)
- Page 179 and 180: Page: 179 [703] This high unemploym
- Page 181 and 182: Page: 181 [711] I also note that th
- Page 183 and 184: Page: 183 [718] This is not the cas
- Page 185 and 186: Page: 185 [726] In my opinion, the
- Page 187 and 188: Page: 187 [732] Similarly, Mr. Loek
- Page 189 and 190: Page: 189 [741] There is no doubt t
- Page 191 and 192: Page: 191 Department employed a loc
- Page 193 and 194: Page: 193 duty of care and that the
- Page 195 and 196: Page: 195 inordinate delay, that in
- Page 197 and 198: Page: 197 industry need, promises m
- Page 199 and 200: Page: 199 … Industry is not stupi
- Page 201 and 202: Page: 201 offered by Mr. Fillmore i
- Page 203 and 204: Page: 203 • Uncertainties associa
- Page 205 and 206: Page: 205 available sustainable tim
- Page 207 and 208: Page: 207 [787] On August 9, 2000,
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.