Federal Court - Christian Aboriginal Infrastructure Developments ...

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[97] Mr. Spencer also testified about standard forestry industry practices, SYFC mill operations,
the inadequacy of the timber allocation system and the efforts of SYFC to obtain a THA. This
evidence included description of meetings with DIAND and the other joint venture participants.
[98] Mr. Spencer frankly described himself as an entrepreneur and as a person who is prepared to
2010 FC 495 (CanLII)
take risks. In cross-examination he described a “calculated risk” as one where there is more
opportunity to be successful than not. In his opinion, the business plan developed for the mill was
credible. He was comfortable with the design of the mill, its machinery and equipment when it
began operating.
[99] Mr. David Fehr was the next witness called on behalf of the Plaintiffs. He is a principal of
the B.I.D. Group. He met Mr. Brian Kerr in Vanderhoof and discussed the use of reconditioned
equipment for construction of the mill in Watson Lake.
[100] In early 1997, Mr. Fehr met in Vanderhoof with LPL; Messrs. Brian and Alan Kerr and Don
Oulton attended. Mr. Fehr also flew to Watson Lake to view the LPL operation.
[101] Mr. Fehr had a lot of experience working the forestry industry, including the construction of
sawmill facilities. He would have been involved in the selection of the equipment to be used for this
mill and that equipment would have been chosen on the basis of the volume of fibre that was
available. The term fibre can be used interchangeably with timber and wood. He testified that