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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 178<br />

[698] In my opinion, she did. For this reason, my findings with respect to the relationship between<br />

LPL and the Defendant are the basis for examining the relationship between SYFC and the<br />

Defendant.<br />

[699] SYFC was incorporated on November 5, 1997 and work began for the construction of the<br />

2010 FC 495 (CanLII)<br />

mill components which were to be transported to Watson Lake.<br />

[700] Throughout 1998, prior to the opening of the mill in October 1998, the Plaintiffs remained<br />

in communication with DIAND. The Defendant was aware that the mill project was going ahead, as<br />

appears from the documentary exhibits and testimony, as numerous members of DIAND’s staff<br />

toured the mill, for example, including Mr. Henry, Mr. Sewell and Mr. Rick Dale.<br />

[701] Mr. Dale sent an email on August 28 th , describing his visit to the Plaintiffs’ mill at Watson<br />

Lake. This email was entered as Exhibit P-79, Tab 76. In his email Mr. Dale described the mill in<br />

the following terms:<br />

…This mill is a modern facility and is very impressive (to me as I<br />

have had several opportunities to work with and on various types of<br />

mills)…<br />

[702] The importance of the mill to the local economy is clear from the testimony that there was a<br />

very high unemployment rate in Yukon, and even more so in Watson Lake. The evidence of Mr.<br />

Brian Kerr was that the mill was the largest private sector employer in Yukon. The importance of<br />

the mill to DIAND was recognized at all times. See also Exhibit D-81, Tab 166.

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