Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 310
[1172] Mr. Van Leeuwen’s report, dated January 2008, entered as Exhibit P-15, addresses
expectation losses, that is future loss of profits, accruing to the Plaintiffs as the result of the closure
of the mill.
[1173] The Plaintiffs’ financial records were entered as Exhibit P-78. This exhibit consists of 24
bankers boxes of financial records. This exhibit was numbered P-365 for the purpose of the
2010 FC 495 (CanLII)
discovery process.
[1174] The financial documents had been made available to the Defendant prior to the entry of
Exhibit P-78 as appears from the following excerpts of the transcript from the hearing on May 6,
2008:
MR. WILSON: My Lady, before we call Mr. Kerr, the
plaintiffs’ last witness, a couple of housekeeping matters, with
exhibits to tender.
The first is the agreement which we discussed in your chambers
yesterday, as to the financial statements prepared by the plaintiffs
and defendants.
JUSTICE: Thank you. Okay, we will put this on the record, it’s
not going to be an exhibit, but it’s going to be a document on the
record. Now, what shall I call it, Registrar File it at hearing, and
during the break - - does everybody have a copy of this
MR. FLORENCE:
Yes we do, My Lady.
…
MR. WILSON: Now, My Lady, pursuant to that agreement,
most of the financial statements that are captured by this agreement
are already in the materials, either in the plaintiffs’ exhibit binders or
the defendant’s exhibit binders, and likely both, with the exception of