Federal Court - Christian Aboriginal Infrastructure Developments ...

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(13) phases, timing and financing of the project phases; and
(14) benefits of co-generation.
[1118] In my opinion some of these terms are essential. However, I do not accept the Defendant’s
argument that these terms are all essential. I refer to the fact that the existing contract with KFR did
not adequately address many of the terms that the Defendant now argues are essential; see Exhibit
2010 FC 495 (CanLII)
P-80, Tab 35.
[1119] In my opinion, many of these terms are desirable for the Department, but there is no
evidence that they would be necessary, for example, the level of First Nations involvement and the
number of jobs to be created.
[1120] I have found that the commitment made by the Defendant to the Plaintiffs included an
implied representation to provide a long-term adequate volume of timber to whoever built a mill.
[1121] The Defendant knew that the Plaintiffs required 200,000 m 3 per annum to operate the mill
on an economically sound basis. Mr. Sewell, the Defendant’s representative, acknowledged that the
Department knew that the volume required was 200,000 m 3 . There is no uncertainty with respect to
volume.
[1122] I find that it was an implied term of the unilateral contract that the annual volume of timber
under the agreement was 200,000 m 3 .