Federal Court - Christian Aboriginal Infrastructure Developments ...

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”