Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 284
4, 1996 and Minister Irwin on March 13, 1997 cannot, and do not, provide a basis for finding a
contract.
[1080] The Defendant focuses on the absence of a THA and argues that without this agreement, the
Plaintiffs’ plea of contract is fatally wounded.
2010 FC 495 (CanLII)
[1081] The Plaintiffs are not asserting that there was a contract with the Defendant that a THA
would be granted. They advance a cause of action that is available to them on the basis of the
known facts and the evidence submitted in the trial of this matter.
[1082] The Plaintiffs, beginning with LPL in 1996, approached the agents and employees of the
Defendant with inquiries about getting access to wood to supply a mill to be built in Watson Lake.
The initial overtures in 1996 led to the introduction of Mr. Brian Kerr to members of the B.I.D.
Group who are based in Vanderhoof, British Columbia. That introduction occurred in late 1996 to
early 1997. In July 1997, Mr. Spencer and Mr. Fehr of the B.I.D. Group travelled to Whitehorse for
a meeting with representatives of DIAND. Mr. Alan Kerr and Mr. Brian Kerr attended that meeting
as well, on behalf of LPL.
[1083] Mr. Spencer and Mr. Fehr testified that as a result of that meeting, they were satisfied that
the Defendant had committed to provide an adequate supply of timber if the mill were built.