Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 298
[1128] The evidence was that a long-term tenure of at least 20 years is consistent with industry
practices in other jurisdictions.
[1129] It was also the evidence of Mr. Gartshore, at pages 1062 to 1063 of the transcript, that when
discussing “long-term”, the duration would be 20 years, particularly considering the major funding
necessary for Phase 2.
2010 FC 495 (CanLII)
[1130] Having regard to the significant capital investment involved in constructing a mill, having
regard to the facts that the KFR THA had been in existence since the late 1960s and its latest
iteration had been continued for 20 years, and having regard to the fact that the regulatory changes
introduced by the Department in the mid 1990s required the construction of a local sawmill
operation, I find that it was an implied term of the unilateral contract that the duration of that
contract would be 20 years.
[1131] The fact that various draft proposals relative to the THA process talked about a renewable
five year term for a THA does not change my opinion in this regard. The draft proposals were
created after the commitment was made, and after the mill had been built.
[1132] The Defendant’s focus on a location to be harvested is a further indication that she
misunderstood that the claim for breach of contract did not arise from the failure to issue a THA.
The location to be harvested is not an essential term. In my opinion, the provision of a long-term