Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 184
[722] The Defendant’s witnesses testified that a mill without timber is not going to be successful.
As well, the Defendant was aware that this was the only mill of its size in the Yukon Territory. In
my opinion, it was foreseeable that these Plaintiffs would be personally harmed by any negligence
that resulted in disruptions to the wood supply.
2010 FC 495 (CanLII)
[723] I also note that the commitment that a supply of wood would be available was addressed to
LPL, then to SYFC, and was the subject of further inducements and encouragements. In these
circumstances, it is clear that negligent delays in formulating the process by which the wood would
be delivered would harm these Plaintiffs.
[724] The transcript of the May 20, 2000 meeting, entered at P-79, Tab 282, also establishes that
the Department knew that damage to the Plaintiffs was reasonably foreseeable if there were an
inordinate delay in implementing long-term tenure.
[725] At that May 20, 2000 meeting, Minister Nault acknowledged that the Plaintiffs were
planning future expansions. He was aware of the Plaintiffs’ business plans and their future course of
action. He discussed with the Plaintiffs the development of future value-added facilities to enable
complete utilization of the timber harvested. In my opinion, this shows knowledge that any
shutdown of the mill would result in expectation losses.