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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 324<br />

[1213] In his viva voce evidence, Mr. Van Leeuwen said that his company does consulting work for<br />

a diversified client base, working roughly half the time with clients in Canada and the United States.<br />

The remaining 50 percent of the time is spent working with clients “offshore”. His company,<br />

IWMG, has offices in Beijing, China and Vancouver, British Columbia.<br />

[1214] Mr. Van Leeuwen observed that, based on the outlook for the short-term log supply and the<br />

2010 FC 495 (CanLII)<br />

Government’s commitment to provide SYFC with a long-term THA, the Plaintiffs proceeded with<br />

the Phase 1 construction plan in 1997-1998. This is a fact. The Plaintiffs did embark on the<br />

construction of the mill, having regard to these factors.<br />

[1215] Additionally, Mr. Van Leeuwen stated, at pages 3 to 4 of his report, that Phase 1 of the mill<br />

project was undertaken due to a number of favourable factors.<br />

[1216] Mr. Van Leeuwen noted that in January 1998, the AAC for commercial timber harvesting<br />

was 450,000 m 3 . The draft timber management plan, otherwise known as the draft FMP, estimated<br />

that an AAC in excess of 1.5 million m 3 was sustainable. The 1998 AAC was only 25 percent of the<br />

potential AAC. Mr. Van Leeuwen referred to this as a matter of fact and again, he was weakly<br />

challenged on the source of his information. He was not shaken.<br />

[1217] Mr. Van Leeuwen noted that the Yukon AAC of 450,000 m 3 was almost fully allocated to<br />

individual permit holders, most of whom were looking for a viable market for their timber. In crossexamination,<br />

he was asked about the source of this information and at pages 1959-1960, he replied

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