Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 314
MR. WHITTLE: Secondly, the exhibit that is contained in the
24 boxes was, as the four counsel understand, agreed to be entered
on July 4 th after the plaintiffs had closed their case, and Mr. Florence
and I, again last evening discussing this, realized that that was the
purpose for which the agreement was made. We did have the
opportunity to review all of those documents when they were in Mr.
Sali’s room over the course of the trial and we had the full
opportunity to review those for the purposes of cross-examining Mr.
Kerr when he took the stand for the second time to testify to
damages.
I appreciate the court wishes us to look to the transcript to find those
references. If it pleases the court, all four counsel are agreed that that
was the opportunity that was provided to me, that that opportunity
was not taken when Mr. Kerr took the witness stand. However, we
still are in the court’s hands as to whether you wish us to go back to
the transcript and to find those entries. But as far as I am concerned
as counsel, I had that opportunity if I wanted to take it.
2010 FC 495 (CanLII)
JUSTICE: Thank you for that clarification and it’s on the record
that the Crown had the opportunity to cross-examine Mr. Kerr with
respect to those documents and did not do so. So that being so, it is
not necessary to go back and find the specific references.
[1178] Contained within the record are financial statements that were prepared for the Plaintiffs.
These financial statements were the subject of an agreement between counsel for the parties. That
agreement was filed at the hearing on May 6, 2008. That agreement, signed by Mr. Sali, Q.C. of
Counsel for the Plaintiffs and Mr. G. Malcolm Florence of Counsel for the Defendant, provides as
follows:
SYFC v. THE QUEEN – AGREEMENT AS TO FINANCIAL
STATEMENTS
Each of the financial statements prepared for LPL and SYFC for the
years 1996 through 2003 inclusive (both audited and unaudited) is
deemed to be authentic. Further, it is agreed that they accurately
reflect the assets, liabilities, equity, revenues and expenses of the
companies as stated. However, the description of some of the various