Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 248 [944] Mr. Brian Kerr said that the B.I.D. Group was ready to become a part of the sawmill venture except for concerns about the “security of timber”. He testified that these concerns led to a meeting in Whitehorse in July 1997 between B.I.D., LPL and representatives of the Department. [945] Mr. Brian Kerr said that this was a pivotal meeting. He said that before the meeting there were “glaring holes” in the project, specifically in the construction and management areas of 2010 FC 495 (CanLII) expertise. This meeting was critical because it would determine if the B.I.D. Group would come onboard with their expertise. It would be the meeting that determined if the project would go ahead. [946] It was for this meeting that Mr. Fehr and Mr. Spencer, two capable businessmen, drove 17 hours to Whitehorse in July 1997, from Vanderhoof. This meeting was arranged by Mr. Brian Kerr with B.I.D., LPL and representatives of the Department, and was scheduled to be held at the DIAND offices. [947] Mr. Monty, for the Defendant, confirmed that this meeting occurred in July 1997 in Whitehorse, in the DIAND offices. He described the meeting as simply information sharing. However, his recollection of this meeting is entirely unsatisfactory. [948] The sole purpose of this meeting, according to Mr. Spencer, was to “get an understanding about the willingness to make available timber for the sawmill.” He said that the whole discussion, and focus of the meeting, was the “willingness to make available timber for the sawmill,” in the volume of 200,000 m 3 per year.
Page: 249 [949] Mr. Fehr’s evidence was that this meeting occurred because of his concern that “we needed some secure supply of timber if an investment was going to be made.” [950] Mr. Brian Kerr testified that DIAND stated that “you are the exact type of company that we’ve been looking for.” He believed this to be in relation to the regulatory changes that encouraged 2010 FC 495 (CanLII) local production. [951] He also testified that DIAND expressed concerned that there had been poor performance by forestry industry operators in the past. He says that DIAND “made it very clear that they weren’t prepared to carte blanche grant anybody timber before a facility was built, based on their previous experience.” He also testified that Mr. Gladstone said “you build the mill, you’ll get the wood.” [952] This concern about the past performance of the forest industry and the requirement to prove capacity is supported by the evidence of Mr. Fillmore, and by amendments to the CTP process. After 1995 it became necessary to prove capacity to be issued even a very limited CTP. [953] I find that this was a formal and scheduled meeting convened for the purpose of discussing the availability of timber supply, the proposed mill development and the Department’s willingness to commit to a supply of fibre.
- 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 231 and 232: Page: 231 [878] In the result, I fi
- Page 233 and 234: Page: 233 [887] Unfortunately, for
- Page 235 and 236: Page: 235 [897] As I understand the
- Page 237 and 238: Page: 237 [905] Throughout 1998, th
- Page 239 and 240: Page: 239 James Moore. That meeting
- Page 241 and 242: Page: 241 391605 B.C. Ltd. was give
- Page 243 and 244: Page: 243 (3) The representor must
- Page 245 and 246: Page: 245 [932] For the reasons not
- Page 247: Page: 247 proposed mill project. Mr
- Page 251 and 252: Page: 251 commitments and they’ve
- Page 253 and 254: Page: 253 observations of his manne
- Page 255 and 256: Page: 255 [973] As well, the fact t
- Page 257 and 258: Page: 257 all of its commitments. T
- Page 259 and 260: Page: 259 JUSTICE: Mr. Nault is not
- Page 261 and 262: Page: 261 [996] Moreover, the evide
- Page 263 and 264: Page: 263 (b) Was the representatio
- Page 265 and 266: Page: 265 Thus, where an advising p
- Page 267 and 268: Page: 267 Q. And you understood tho
- Page 269 and 270: Page: 269 considering the balance o
- Page 271 and 272: Page: 271 was withheld addressed th
- Page 273 and 274: Page: 273 [1037] Was that reliance
- Page 275 and 276: Page: 275 build a mill was consider
- Page 277 and 278: Page: 277 [1052] As a result, I fin
- Page 279 and 280: Page: 279 servants. That was a subj
- Page 281 and 282: Page: 281 [1068] As I understand th
- Page 283 and 284: Page: 283 contract. Liability can a
- Page 285 and 286: Page: 285 [1084] Mr. Alan Kerr and
- Page 287 and 288: Page: 287 [1093] Given the nature o
- Page 289 and 290: Page: 289 [1096] The Plaintiffs sub
- Page 291 and 292: Page: 291 decision in Daulia Ltd. v
- Page 293 and 294: Page: 293 which are commonly endeav
- Page 295 and 296: Page: 295 [1115] The Defendant reli
- Page 297 and 298: Page: 297 [1123] With respect to th
Page: 248<br />
[944] Mr. Brian Kerr said that the B.I.D. Group was ready to become a part of the sawmill venture<br />
except for concerns about the “security of timber”. He testified that these concerns led to a meeting<br />
in Whitehorse in July 1997 between B.I.D., LPL and representatives of the Department.<br />
[945] Mr. Brian Kerr said that this was a pivotal meeting. He said that before the meeting there<br />
were “glaring holes” in the project, specifically in the construction and management areas of<br />
2010 FC 495 (CanLII)<br />
expertise. This meeting was critical because it would determine if the B.I.D. Group would come<br />
onboard with their expertise. It would be the meeting that determined if the project would go ahead.<br />
[946] It was for this meeting that Mr. Fehr and Mr. Spencer, two capable businessmen, drove 17<br />
hours to Whitehorse in July 1997, from Vanderhoof. This meeting was arranged by Mr. Brian Kerr<br />
with B.I.D., LPL and representatives of the Department, and was scheduled to be held at the<br />
DIAND offices.<br />
[947] Mr. Monty, for the Defendant, confirmed that this meeting occurred in July 1997 in<br />
Whitehorse, in the DIAND offices. He described the meeting as simply information sharing.<br />
However, his recollection of this meeting is entirely unsatisfactory.<br />
[948] The sole purpose of this meeting, according to Mr. Spencer, was to “get an understanding<br />
about the willingness to make available timber for the sawmill.” He said that the whole discussion,<br />
and focus of the meeting, was the “willingness to make available timber for the sawmill,” in the<br />
volume of 200,000 m 3 per year.