Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 269
considering the balance of Mr. Monty’s evidence, that “good stewardship” refers to decreasing the
inventory of sustainable timber.
[1019] I have also previously found that the TSA runs performed by Mr. Henry were manipulated
to produce a lower quantity of available timber.
2010 FC 495 (CanLII)
[1020] I find, on the balance of probabilities, that the Defendant believed that the Sterling Wood
Report inventory of sustainable timber was too high.
[1021] As Mr. Monty does not have a reliable memory of the July 15, 1997 meeting he cannot say
what he did to prepare or what he said at that meeting.
[1022] As I have previously noted, Mr. Gladstone did not testify. I have already drawn an adverse
inference with respect to his failure to testify about the representation that he made. I also draw an
adverse inference with respect to non-disclosure of the Department’s concern that the inventory was
too high and further, I draw an adverse inference about the steps that Mr. Gladstone took to prepare
for the meeting.
[1023] I find that the Defendant was aware that LPL had expressly referred to, and relied upon, the
Sterling Wood Report and its associated inventory in its business plan. The Sterling Wood Report
and the inventory were referenced in the business plans that LPL sent to the Defendant.