Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 235
[897] As I understand the Defendant’s argument, she presents at least two bases for why the
Plaintiffs are contributorily negligent. It appears to me that she complains about the design of the
mill and the decision to continue to operate in the face of the failure of the Department to ensure an
adequate supply of timber.
2010 FC 495 (CanLII)
[898] With regard to the inadequacies of the design and construction of the mill, the Defendant did
not plead this allegation. Nevertheless, my discussion and findings are sufficient to dispense with
this allegation. The mill was adequately designed and built.
[899] The question that is left to be answered is, in the face of continuing delays which amounted
to inordinate delay in the present case, was it reasonable for the Plaintiffs to stay in operation until
they finally “pulled the plug” on August 30
[900] In Atlantic Leasing, the Newfoundland and Labrador Supreme Court, Court of Appeal had
occasion to consider that question. In that case the Court considered if it was reasonable for Atlantic
Leasing, the plaintiff, to not give a notice of quit to terminate a lease on a building, occupied by a
branch of the Newfoundland and Labrador Government, and to await the completion of the renewal
process.