Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 203
• Uncertainties associated with the end of the Canada-US
Softwood Lumber Agreement and the advantages to SYFC
associated with it.
• SYFC mill would need to expand its capabilities to produce
finished products to remain profitable after the Canada-US
Softwood Lumber agreement ends. This would include increased
mill efficiencies to deal with the small trees available in Yukon.
• Even if an area based THA was available to SYFC, road
infrastructure investment would be necessary to access the wood.
This would be additional investment dollars over and above the
needed mill expansion.
• The lower harvest ceiling in the forest management units close to
Watson Lake did have an additional adverse effect on the mill.
However, it seems that market conditions in general had the
greatest impact on SYFC and it’s decision to shut down.
2010 FC 495 (CanLII)
[777] The Yukon Regional Office fails to identify the single factor that the joint venturers
identified as the reason for the mill closure. Instead they suggest a series of factors, none of which
was accepted by the Plaintiffs as causing the closure. Further, I note that the causative factors that
the region identified conveniently absolve the Regional Office of any responsibility.
[778] I also find that the TSA of Mr. Henry was improperly manipulated. In this regard, I refer to
the evidence of Mr. Henry about the multiple “runs” of data, at pages 3694 to 3696 of the transcript:
Q. Did you go back from time to time to the experts to get more
or additional information or further input
A. Yes, and to pass the -- essentially take the results and show it
to people, because this documents the final inputs that we used.
Q. Did you get different inputs as a result of going back to your
colleagues
A. My recollection is yes, we did modify things along the way.