Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 290
[1101] In 1996, the LFN had been granted a THA in approximately six months. This included an
OIC.
[1102] There was a meeting between the YFIA and DIAND, including Minister Nault, on May 20,
2000. At the May 20 th meeting, Minister Nault characterized the industry’s difficulties in accessing
a long term adequate supply of timber as a “little hurdle”. SYFC was represented at this meeting;
2010 FC 495 (CanLII)
see Exhibit P-79, Tab 282.
[1103] In any event, it is my opinion that the absence of an OIC is not fatal to the Plaintiffs’ cause
of action for breach of contract and I so find.
[1104] The Defendant complains that there is no consideration for the alleged contract. I disagree.
[1105] In the case of this unilateral contract, the “consideration” was the construction of the mill.
As explained by the Supreme Court of Canada, in Sail Labrador, at para. 33:
…a unilateral contract is a contract in which only one party
undertakes a promise. This promise takes the form of an offer which
can only be accepted by performance of the required act or
forbearance. Such performance provides the other party's
consideration, allowing it to enforce the original promise (Treitel, at
pp. 35-36; Waddams, at p. 111; United Dominions Trust
(Commercial), Ltd. v. Eagle Aircraft Services, Ltd., [1968] 1 All E.R.
104 (C.A.)).
[1106] The construction of the mill is the event which provided the consideration to the Defendant
and led to the crystallization of the unilateral contract. In support of this finding I refer to the