Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 2 Her Majesty the Queen (the “Defendant”) representing the Minister of Indian Affairs and Northern Development (the “Minister”). The claim relates to the construction, operation and ultimate closure of a sawmill near the town of Watson Lake in the Yukon Territory. [3] LPL is a body corporate, organized and incorporated under the laws of Yukon, on January 26, 1996. Initially, the corporation was called Liard Pulp and Lumber but changed its name on 2010 FC 495 (CanLII) September 3, 1996. [4] SYFC is a body corporate, organized and existing under the laws of Yukon. It was incorporated on November 5, 1997. It is the operating entity for the joint venture which built and operated the mill in Watson Lake. [5] The Minister is responsible for the Department of Indian and Northern Affairs (“DIAND” or the “Department”), pursuant to the Department of Indian Affairs and Northern Development Act, R.S.C. 1985, c. I-6 (the “Act” or the “DIAND Act”). [6] It is not disputed that the Plaintiffs opened a sawmill in October 1998, that it closed temporarily in December 1998, that it reopened on April 30, 1999, and that it closed permanently on August 4, 2000. II. PROCEDURAL HISTORY
Page: 3 [7] This action was commenced by the filing of a Statement of Claim by SYFC on November 9, 2001. SYFC sought an order of mandamus to compel the Governor in Council to be ordered to designate certain Yukon territorial lands as land management zones and to make 200,000 m 3 of timber per annum available by way of a Timber Harvesting Agreement (“THA”). In the alternative, SYFC sought damages for negligence, negligent misrepresentation, breach of fiduciary duty and misfeasance in public office. 2010 FC 495 (CanLII) [8] By Notice of Motion filed on May 29, 2002, the Defendant sought an Order to strike certain paragraphs of the Statement of Claim and for further and better particulars of SYFC’s Statement of Claim. [9] The motion was argued on August 16, 2002. By Order dated August 20, 2002, the late Prothonotary Hargrave granted the motion in part, ordering that paras. 1.(a) and 1.(b) be struck, that the Plaintiff SYFC have leave to file an Amended Statement of Claim and that the Plaintiff SYFC provide further and better particulars. Specifically, Prothonotary Hargave struck SYFC’s request for an order of mandamus because that remedy must be sought pursuant to s. 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7. [10] SYFC filed an Amended Statement of Claim on August 27, 2002. The Defendant filed an Amended Statement of Defence on October 30, 2002.
- Page 1: Federal Court Cour fédérale Date:
- Page 5 and 6: Page: 5 [16] On August 25, 2004, th
- Page 7 and 8: Page: 7 the appellant to serve and
- Page 9 and 10: Page: 9 [30] Both parties have subm
- Page 11 and 12: Page: 11 these documents for the tr
- Page 13 and 14: Page: 13 [42] Mr. Sewell provided g
- Page 15 and 16: Page: 15 [52] Mr. Leonard Bourgh wa
- Page 17 and 18: Page: 17 [62] Mr. Gurney operated a
- Page 19 and 20: Page: 19 [72] Mr. Brian Kerr was th
- Page 21 and 22: Page: 21 [81] In brief, as Woodland
- Page 23 and 24: Page: 23 with the LPL group; he rem
- Page 25 and 26: Page: 25 [97] Mr. Spencer also test
- Page 27 and 28: Page: 27 Keith Spencer on a regular
- Page 29 and 30: Page: 29 addressed meetings with DI
- Page 31 and 32: Page: 31 publications and a summary
- Page 33 and 34: Page: 33 [129] Mr. Irwin testified
- Page 35 and 36: Page: 35 Assessment Act, S.C. 1992,
- Page 37 and 38: Page: 37 [147] In his position as t
- Page 39 and 40: Page: 39 [156] Mr. Fillmore also ga
- Page 41 and 42: Page: 41 Department early in his te
- Page 43 and 44: Page: 43 Report for Forest Manageme
- Page 45 and 46: Page: 45 with no particular respons
- Page 47 and 48: Page: 47 [192] Mr. Sewell testified
- Page 49 and 50: Page: 49 4. The powers, duties and
- Page 51 and 52: Page: 51 [205] In the introduction,
Page: 3<br />
[7] This action was commenced by the filing of a Statement of Claim by SYFC on November 9,<br />
2001. SYFC sought an order of mandamus to compel the Governor in Council to be ordered to<br />
designate certain Yukon territorial lands as land management zones and to make 200,000 m 3 of<br />
timber per annum available by way of a Timber Harvesting Agreement (“THA”). In the alternative,<br />
SYFC sought damages for negligence, negligent misrepresentation, breach of fiduciary duty and<br />
misfeasance in public office.<br />
2010 FC 495 (CanLII)<br />
[8] By Notice of Motion filed on May 29, 2002, the Defendant sought an Order to strike certain<br />
paragraphs of the Statement of Claim and for further and better particulars of SYFC’s Statement of<br />
Claim.<br />
[9] The motion was argued on August 16, 2002. By Order dated August 20, 2002, the late<br />
Prothonotary Hargrave granted the motion in part, ordering that paras. 1.(a) and 1.(b) be struck, that<br />
the Plaintiff SYFC have leave to file an Amended Statement of Claim and that the Plaintiff SYFC<br />
provide further and better particulars. Specifically, Prothonotary Hargave struck SYFC’s request for<br />
an order of mandamus because that remedy must be sought pursuant to s. 18.1 of the <strong>Federal</strong><br />
<strong>Court</strong>s Act, R.S.C. 1985, c. F-7.<br />
[10] SYFC filed an Amended Statement of Claim on August 27, 2002. The Defendant filed an<br />
Amended Statement of Defence on October 30, 2002.
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