Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 320
[1197] The Supreme Court of Canada took the same approach to the assessment of damages in
Cadbury Schweppes Inc. v. FBI Foods Ltd., [1999] 1 S.C.R. 142 at para. 99, as did the Federal
Court of Appeal in Redpath Industries Ltd. v. Cisco (The), [1994] 2 F.C. 279 (C.A.), at 295-296.
(iii) Evidence on Damages
[1198] As noted above, only the Plaintiffs led evidence on damages. That evidence consisted of the
2010 FC 495 (CanLII)
evidence of Mr. Alan Kerr, 24 boxes of financial records and the evidence of Mr. Van Leeuwen, the
expert retained by the Plaintiffs, including his report.
[1199] Mr. Kerr testified generally about the financial situation of SYFC, including profits,
operating losses, expenses, debts and capital assets. He explained the fundraising by LPL and SYFC
with respect start-up costs. He also gave evidence about the operations of the mill.
[1200] The boxes of financial records that were entered as Exhibit P-78 contain utility bills, bank
statements, cancelled cheques and accounting records. A guide to the contents of Exhibit P-78 was
filed at the hearing on July 11, 2008.
[1201] The Plaintiffs tendered the financial records as an alternative basis for the Court’s
assessment of damages, in the event that the evidence of Mr. Van Leeuwen was not accepted. As
discussed below, I accept the evidence of Mr. Van Leeuwen, subject to the modifications discussed
below.