Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 176 we’ve been looking for.” He believed this to be in relation to the regulatory changes that favoured local production. [689] At this meeting the Plaintiffs’ witnesses, Mr. Fehr, Mr. Spencer and the Kerr Brothers, all agreed that DIAND had indicated that if they built a mill they would be given access to the necessary timber to operate it. 2010 FC 495 (CanLII) [690] It is clear from the Plaintiffs’ witnesses that it was on the strength of this assurance that mill construction proceeded. Their evidence was not challenged on cross-examination or by the evidence of any of the Defendant’s witnesses. [691] There were more meetings and more letters between the LPL and the Defendant. On the totality of the evidence, I find that these meetings occurred for the mutually beneficial purpose of establishing a sawmill in Watson Lake. In plain terms, this project was important to DIAND; see also Exhibit P-79, Tab 109. [692] A meeting was held on April 9, 1998, between LPL and 391605 B.C. Ltd., then the parties to the joint venture that was operating the mill. Minutes of this meeting were entered as Exhibit D- 11, Tab 111. [693] Timber supply was the topic of conversation. It was discussed that the joint venture would be “getting 20,000 m 3 in short order, at the expense of local permit holders (they are apparently not
Page: 177 happy with this decision)”. I note that this document is part of Exhibit D-11 and was entered for the truth and accuracy of its contents. [694] In July of 1998, Mr. Brian Kerr, on behalf of LPL, contacted Mr. Fillmore about a possible THA site in an area near the Hyland River where there had been a forest fire, such areas are known as “burns”. As a result Mr. Kennedy, a Professional Forester employed by the Department in 2010 FC 495 (CanLII) Whitehorse, went and personally conducted an aerial reconnaissance of the Hyland River burn. This reconnaissance was conducted to determine the feasibility of a long-term supply of timber for SYFC in that area. Mr. Kennedy noted that the burn was “[n]ot economical unless used as bait or enticement in THA option.” (Emphasis added) [695] This was a relationship with aligned and intertwined interests. It was a relationship of sufficient proximity that a prima facie duty of care should be recognized if there was foreseeability of harm to this Plaintiff. [696] There is evidence that some of the Defendant’s servants were not aware that LPL was involved in the Watson Lake mill. That is not surprising given the constant turnover of employees in Whitehorse. [697] However, it is surprising that they did not take appropriate actions to make themselves aware. The knowledge of newly arrived employees is not the question. The question is “did the Defendant herself know that LPL was involved in the construction and operation of the mill”
- 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 and 158: Page: 157 from the evidence, and if
- Page 159 and 160: Page: 159 [616] Mr. Gurney is an un
- 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: Page: 175 we would be interested in
- 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 209 and 210: Page: 209 [796] On the basis of the
- Page 211 and 212: Page: 211 [805] In preparation for
- Page 213 and 214: Page: 213 [810] This is an extraord
- Page 215 and 216: Page: 215 inferences, to be sure, c
- Page 217 and 218: Page: 217 occurrences but occurred
- Page 219 and 220: Page: 219 [831] Of particular impor
- Page 221 and 222: Page: 221 [840] Mr. Madill appeared
- Page 223 and 224: Page: 223 evidence of the Defendant
- Page 225 and 226: Page: 225 an inference of causation
Page: 176<br />
we’ve been looking for.” He believed this to be in relation to the regulatory changes that favoured<br />
local production.<br />
[689] At this meeting the Plaintiffs’ witnesses, Mr. Fehr, Mr. Spencer and the Kerr Brothers, all<br />
agreed that DIAND had indicated that if they built a mill they would be given access to the<br />
necessary timber to operate it.<br />
2010 FC 495 (CanLII)<br />
[690] It is clear from the Plaintiffs’ witnesses that it was on the strength of this assurance that mill<br />
construction proceeded. Their evidence was not challenged on cross-examination or by the evidence<br />
of any of the Defendant’s witnesses.<br />
[691] There were more meetings and more letters between the LPL and the Defendant. On the<br />
totality of the evidence, I find that these meetings occurred for the mutually beneficial purpose of<br />
establishing a sawmill in Watson Lake. In plain terms, this project was important to DIAND; see<br />
also Exhibit P-79, Tab 109.<br />
[692] A meeting was held on April 9, 1998, between LPL and 391605 B.C. Ltd., then the parties<br />
to the joint venture that was operating the mill. Minutes of this meeting were entered as Exhibit D-<br />
11, Tab 111.<br />
[693] Timber supply was the topic of conversation. It was discussed that the joint venture would<br />
be “getting 20,000 m 3 in short order, at the expense of local permit holders (they are apparently not