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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 165<br />

[643] Having regard to these facts, I question the steps that he took to inform himself about<br />

relevant matters. This is important in light of his evidence, in cross-examination, about this<br />

document and others and affects his credibility.<br />

[644] Indeed, the evidence of all of the Defendant’s witnesses was punctuated by “I don’t<br />

2010 FC 495 (CanLII)<br />

remember”, “I don’t recall”. These responses invite inquiry as to what the Defendant did to prepare<br />

her witnesses to address the matters in issue in this action.<br />

D. The Causes of Action<br />

[645] There are critical questions to be addressed. Did the Defendant make representations,<br />

promises and commitments to the Plaintiffs or either of them What is the relationship between the<br />

parties What are the legal consequences of that relationship<br />

[646] As I said at the beginning, this action is about a mill. A key question is why did the Plaintiffs<br />

build the mill in Watson Lake<br />

[647] I have identified the five causes of action pursued by the Plaintiffs. Insofar as there is an<br />

overlap between the causes of action advanced in negligence and negligent misrepresentation, I will<br />

begin with the broad question of negligence.

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