Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 328 assumption that the Plaintiffs would have received a 20 year THA, for 200,000 m 3 annually, below. Suffice it to say at this point, I find that it was not an assumption but rather a fact. As such, the use of this assumption in his calculations was reasonable`. [1233] Also common to both projections was the assumption that once the mill had a secure timber supply, it would run for 12 months of the year and produce an average of 100,000 BF per shift, 2010 FC 495 (CanLII) working two shifts. [1234] I find that as a matter of fact, the Plaintiffs’ mill was built to produce 100,000 BF. I also find that when adequate timber was available, the mill worked two shifts and did produce 100,000 BF per shift. [1235] Another common assumption included a $5 million investment in 2002 to improve the sawmill’s efficiency and lumber recovery factor. [1236] Lumber recovery factor (“LRF”), as defined by Mr. Brian Kerr, at page 1320 of the transcript, is, “basically a number that is derived by how many board feet of finished product you're getting out of a round log, from any particular piece of sawmill equipment”. [1237] With respect to the $5 million re-investment, Mr. Van Leeuwen testified, at page 1923, that: A. Well, I assumed the sawmill was – or assumed the sawmill was profitable, reasonably profitable, and I was advised by shareholders of the company that, given the profits the
Page: 329 company would have been generating, that the company would have continued to re-invest part of these profits, which is a very normal practice in the sawmill industry. When you make money, you re-invest and improve your mill. So, here we’re showing that the company re-invested $5 million of earned profits to further upgrade and improve the mill. And these upgrades were related mainly to improving the lumber recovery factor, which is basically using computers and optimization to enhance the sawing accuracy of the mill. 2010 FC 495 (CanLII) [1238] Based on the expert evidence of Mr. Van Leeuwen, that this upgrading was the normal practice in the industry, I find that this assumption was reasonable and not speculative. [1239] Mr. Van Leeuwen also assumed that Phase 2 of the mill project would have been completed. Phase 2 contemplated dry kilns, planers and a cogeneration facility which would burn waste products from the mill, generating electricity to operate the mill and allowing the Watson Lake sawmill to sell excess power to the Watson Lake grid. [1240] There is ample evidence in the record that Phase 2 was an integral part of the Plaintiffs’ business plan. There is also evidence that the Plaintiffs had undertaken the initial steps necessary to commence Phase 2. I refer to the cogeneration consultation report created by Veco/Siemens. I also refer to the read-ins of the examination for discovery of Mr. Alan Kerr. Mr. Kerr was questioned about expenditures on Phase 2, at pages 2933 to 2934 of that transcript. The evidence was: Q. But you did expend money on Phase II after the date of this document, didn’t you
- Page 277 and 278: Page: 277 [1052] As a result, I fin
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Page: 329<br />
company would have been generating, that the company<br />
would have continued to re-invest part of these profits,<br />
which is a very normal practice in the sawmill industry.<br />
When you make money, you re-invest and improve your<br />
mill.<br />
So, here we’re showing that the company re-invested $5 million of<br />
earned profits to further upgrade and improve the mill. And these<br />
upgrades were related mainly to improving the lumber recovery<br />
factor, which is basically using computers and optimization to<br />
enhance the sawing accuracy of the mill.<br />
2010 FC 495 (CanLII)<br />
[1238] Based on the expert evidence of Mr. Van Leeuwen, that this upgrading was the normal<br />
practice in the industry, I find that this assumption was reasonable and not speculative.<br />
[1239] Mr. Van Leeuwen also assumed that Phase 2 of the mill project would have been completed.<br />
Phase 2 contemplated dry kilns, planers and a cogeneration facility which would burn waste<br />
products from the mill, generating electricity to operate the mill and allowing the Watson Lake<br />
sawmill to sell excess power to the Watson Lake grid.<br />
[1240] There is ample evidence in the record that Phase 2 was an integral part of the Plaintiffs’<br />
business plan. There is also evidence that the Plaintiffs had undertaken the initial steps necessary to<br />
commence Phase 2. I refer to the cogeneration consultation report created by Veco/Siemens. I also<br />
refer to the read-ins of the examination for discovery of Mr. Alan Kerr. Mr. Kerr was questioned<br />
about expenditures on Phase 2, at pages 2933 to 2934 of that transcript. The evidence was:<br />
Q. But you did expend money on Phase II after the date of this<br />
document, didn’t you