Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 283
contract. Liability can arise concurrently under the headings of contract and tort; see Atlantic
Leasing Ltd.
[1077] The existence of a contract requires an offer, an acceptance and consideration. Here, the
Plaintiffs argue that the offer was a commitment by the Defendant to provide wood for the mill if
the Plaintiffs built it. The Plaintiffs submit that once they built the mill, the contract was formed,
2010 FC 495 (CanLII)
relying on the recognition of unilateral contracts in the decision in United Dominions Trust
(Commercial), Ltd. v. Eagle Aircraft Services Ltd., [1968] 1 All E.R. 104 (C.A.). United Dominions
Trust has been followed by Canadian Courts; see Hubrisca Enterprises Ltd. v. Canada (Attorney
General) (2001), 85 B.C.L.R. (3d) 126 (S.C.) and Sail Labrador Ltd. v. Challenge One (The),
[1999] 1 S.C.R. 265.
[1078] The arguments of the Defendant on the issue of contract are many and varied. However,
these arguments do not answer the Plaintiffs’ submissions that a contract arose, as a matter of law,
from the course of dealings between the parties. The basic premise of the Plaintiffs’ argument is
simple. They say that a representation was made that if they built a mill, then an adequate wood
supply would be made available.
[1079] The Defendant denies that any contract arose from the interactions between the parties. She
further argues that the relevant statutory framework, as provided by the Territorial Lands Act, and
the lack of a THA issued by the Privy Council by way of an Order in Council completely
undermine any basis for finding a contract. She submits that letters sent out by Mr. Ivanski on June