Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 180 determine the suitability of the mill at Watson Lake as a condition of KFR’s participation in the project. [708] I find that this occurred to ensure the accomplishment of the Department’s goals. These goals were also the Defendant’s goals. 2010 FC 495 (CanLII) [709] The proximity of the relationship is supported by the comments of Mr. Sewell at the meeting of April 7, 1999. The verbatim transcript, entered as Exhibit P-79, Tab 144, reveals the following exchange between Ms. Clark, of SYFC, and Mr. Sewell, RDG: JUNE CLARK: I guess what we need to understand is do we want this mill to succeed Is this a priority TERRY SEWELL: Yes, that’s been asked frequently, and I think it’s always been answered in the affirmative. [710] On May 6, 1999, Ms. Jane Stewart, then the Minister, responded to a letter from Mr. Fentie, the YTG Forest Commissioner. This response was entered as Exhibit P-79, Tab 162. Ms. Stewart said: I have asked my departmental officials in the Yukon Region to work closely with the company as I share your view of the importance of this mill to Yukon’s economy. I am advised that a number of recent meetings involving my staff, the Yukon government and SYFC have been positive and productive. I am hopeful that this partnership among our respective governments and industry will lead to satisfactorily addressing the challenges, and a successful and sustainable mill.
Page: 181 [711] I also note that there is documentary evidence that shows that SYFC was given “special access” to information relative to the wood supply and that DIAND was modifying its procedures to keep the wood supply moving to the Plaintiffs’ mill. [712] See for example Exhibit P-79, Tab 181. This is a DIAND internal email sent on June 2 nd by Ms. Guscott to Ms. Snider and Mr. Casey, in Ottawa. Ms. Guscott says in her email: 2010 FC 495 (CanLII) The call went far better than expected and really June, myself and company reps had discussed the issues in our weekly conference call and summer wood supply is on track. June was the SYFC rep on the call Monday (maybe a good sign – everyone was busy doing work work) … 7. The company were advised that we were holding a mill reserve of 30,000 cm that could be accessed to meet any shortfall, but ask them not to broadcast 8. The company we told straight out until we have a THA in place purchase locally is the only real option, and surprise they did not go off the deep end yet But most of there kind of shareholders have winter and summer wood supply. We have also agreed to streamline our processes when ever possible to keep supply going, but the company must work with permit holders to obtain necessary volume. 9. If we can keep up the pace we finally have June on the ropes and it is my intention to keep up the pace and keep her on the ropes. I do not anticipate any letters or heat seeking missels incoming. 10. We have started to establish trust with the company now the company has to deliver. (Emphasis added) [713] Significantly, this email also notes that the Regional Office was having a “weekly conference call” with SYFC about wood supply.
- 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
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- 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 and 176: Page: 175 we would be interested in
- Page 177 and 178: Page: 177 happy with this decision)
- Page 179: Page: 179 [703] This high unemploym
- 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 227 and 228: Page: 227 [860] The Defendant drew
- Page 229 and 230: Page: 229 [869] This conduct, inclu
Page: 181<br />
[711] I also note that there is documentary evidence that shows that SYFC was given “special<br />
access” to information relative to the wood supply and that DIAND was modifying its procedures to<br />
keep the wood supply moving to the Plaintiffs’ mill.<br />
[712] See for example Exhibit P-79, Tab 181. This is a DIAND internal email sent on June 2 nd by<br />
Ms. Guscott to Ms. Snider and Mr. Casey, in Ottawa. Ms. Guscott says in her email:<br />
2010 FC 495 (CanLII)<br />
The call went far better than expected and really June, myself and<br />
company reps had discussed the issues in our weekly conference call<br />
and summer wood supply is on track. June was the SYFC rep on the<br />
call Monday (maybe a good sign – everyone was busy doing work<br />
work)<br />
…<br />
7. The company were advised that we were holding a mill reserve of<br />
30,000 cm that could be accessed to meet any shortfall, but ask them<br />
not to broadcast<br />
8. The company we told straight out until we have a THA in place<br />
purchase locally is the only real option, and surprise they did not go<br />
off the deep end yet But most of there kind of shareholders have<br />
winter and summer wood supply. We have also agreed to streamline<br />
our processes when ever possible to keep supply going, but the<br />
company must work with permit holders to obtain necessary volume.<br />
9. If we can keep up the pace we finally have June on the ropes and it<br />
is my intention to keep up the pace and keep her on the ropes. I do<br />
not anticipate any letters or heat seeking missels incoming.<br />
10. We have started to establish trust with the company now the<br />
company has to deliver.<br />
(Emphasis added)<br />
[713] Significantly, this email also notes that the Regional Office was having a “weekly<br />
conference call” with SYFC about wood supply.