Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 274 political interest can be found to be analogous to a financial interest, for the purpose of determining if there was reasonable reliance. I accept that proposition. [1041] The statutory mandate set out in the DIAND Act charges that Department with economic development in Yukon . For obvious reasons, it is difficult to find that the Defendant has a “financial interest” in promoting a transaction or enterprise in respect of which the representation was made 2010 FC 495 (CanLII) but in the particular circumstances of this case, it is undeniable that the Defendant had a special, particular interest in the development of the mill. [1042] The Defendant had a direct political interest in seeing the mill project proceed. The issue of forestry in Yukon may have been a small political issue for the rest of Canada, but in Yukon, and for the Department, it was an issue of utmost importance. This is clear from the record. [1043] There were petitions, protests, blockades of the Regional Office, and meetings with Ministers. The number of letters which were sent both to the Regional Office and to Ottawa also speaks to the importance of the issue to Yukoners. There are numerous other examples in the record of the politically charged nature of the forestry issue in Yukon; see for example Exhibit P-46; and Exhibit P-80, Tab 82. [1044] In addressing many of the concerns, DIAND introduced regulatory changes that required local processing. This required a local mill. There is evidence on the record in this trial that shows that it was a condition for the grant of the THA to KFR that a mill be built. The failure of KFR to
Page: 275 build a mill was considered a serious breach of the conditions attached to the THA. It is clear that DIAND needed a private investor to implement its policy. [1045] I accept that there was a political benefit to the Government and to the Regional Office in having a private investor in Watson Lake proceed with a mill. This is evident from the communication from Mr. Ivanksi to Mr. Doughty, the special assistant for Economic Development 2010 FC 495 (CanLII) to Minister Irwin, in an email, entered as Exhibit P-79, Tab 38 and dated November 7, 1996. This email is included above but for convenience I will reproduce it again: … The best news is they are working with the local loggers and have contracted to get the Tier 1 wood to meet their needs for the first couple of years of operation. This makes our tiered system looking pretty good, and opens a market for loogers to sell domestically. Their next phase would include a pellet plant and finishing the processing locally and is a year or two away. This will cause a pressure however as they’ve already stated that the financiers will require an allocation and tenure before they will make a further substantial investment. But the timing isn’t bad. With the consultation on a new policy, tenure and allocations will no doubt be critical components. Having an operator on site, working and paying bills within a few months will certainly focus this discussion, particularly since they will promise more jobs etc but need tenure. … [1046] Moreover, there is evidence in this trial that there is a very high unemployment rate in Watson Lake. The forest industry in Yukon operates primarily out of Watson Lake. A mill that provides much needed employment would give real political and social benefits. The mill that the joint venturers constructed in Watson Lake was the largest private employer in the Territory when it closed its doors in 2000.
- 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 and 248: Page: 247 proposed mill project. Mr
- Page 249 and 250: Page: 249 [949] Mr. Fehr’s eviden
- 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: Page: 273 [1037] Was that reliance
- 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 299 and 300: Page: 299 adequate supply of timber
- Page 301 and 302: Page: 301 In the circumstances of t
- Page 303 and 304: Page: 303 4. Breach of Fiduciary Du
- Page 305 and 306: Page: 305 place the Crown in the un
- Page 307 and 308: Page: 307 to injure the plaintiff.
- Page 309 and 310: Page: 309 There are no special dama
- Page 311 and 312: Page: 311 two, which I propose to p
- Page 313 and 314: Page: 313 MR. WHITTLE: I am satisfi
- Page 315 and 316: Page: 315 items thereof may be inac
- Page 317 and 318: Page: 317 [1188] It is not disputed
- Page 319 and 320: Page: 319 …The difficulty in fixi
- Page 321 and 322: Page: 321 [1202] In closing argumen
- Page 323 and 324: Page: 323 opinion testimony on the
Page: 274<br />
political interest can be found to be analogous to a financial interest, for the purpose of determining<br />
if there was reasonable reliance. I accept that proposition.<br />
[1041] The statutory mandate set out in the DIAND Act charges that Department with economic<br />
development in Yukon . For obvious reasons, it is difficult to find that the Defendant has a “financial<br />
interest” in promoting a transaction or enterprise in respect of which the representation was made<br />
2010 FC 495 (CanLII)<br />
but in the particular circumstances of this case, it is undeniable that the Defendant had a special,<br />
particular interest in the development of the mill.<br />
[1042] The Defendant had a direct political interest in seeing the mill project proceed. The issue of<br />
forestry in Yukon may have been a small political issue for the rest of Canada, but in Yukon, and<br />
for the Department, it was an issue of utmost importance. This is clear from the record.<br />
[1043] There were petitions, protests, blockades of the Regional Office, and meetings with<br />
Ministers. The number of letters which were sent both to the Regional Office and to Ottawa also<br />
speaks to the importance of the issue to Yukoners. There are numerous other examples in the record<br />
of the politically charged nature of the forestry issue in Yukon; see for example Exhibit P-46; and<br />
Exhibit P-80, Tab 82.<br />
[1044] In addressing many of the concerns, DIAND introduced regulatory changes that required<br />
local processing. This required a local mill. There is evidence on the record in this trial that shows<br />
that it was a condition for the grant of the THA to KFR that a mill be built. The failure of KFR to