Federal Court - Christian Aboriginal Infrastructure Developments ...

Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...

22.01.2015 Views

Page: 330 A. With our study and costs, yeah, there was probably some money. [1241] Mr. Van Leeuwen assumed that SYFC would borrow the money necessary to complete Phase 2, that is the addition of the dry kilns, the planers and the cogeneration plant. His report includes, at Appendix 7.8, a table of the prime interest rates from 1980 to 2005. 2010 FC 495 (CanLII) [1242] Mr. Van Leeuwen noted that SYFC had received an assurance from EnerVest that it would be able to raise the $14 million necessary to complete Phase 2, if a THA of 200,000 m 3 was available. This observation by Mr. Van Leeuwen is based on fact, as appears from the correspondence from EnerVest found in Exhibit D-81, Tab 32. He was not challenged on this assertion, in cross-examination. [1243] I find, on the balance of probabilities, that the Plaintiffs would have proceeded with Phase 2 of the mill project, but for the lack of a secure and adequate source of fibre for the mill. There is ample evidence in the record to support this finding. [1244] A related common assumption, upon which Mr. Van Leeuwen’s projections were based, was that the Plaintiffs would have been able to sell excess electricity to the Yukon Power Authority. [1245] The evidence was that Watson Lake was not connected to an external power grid. As such it generated its own electricity with diesel generators. Mr. Van Leeuwen considered the actual price of

Page: 331 diesel and the actual price of electricity in Watson Lake. He concluded that his calculations were very conservative given the significant increase in oil prices since he had completed his report. [1246] Mr. Van Leeuwen’s projections were based on the cogeneration facility that would have been built if a secure timber supply had been provided. 2010 FC 495 (CanLII) [1247] He considered the actual electrical requirements for Watson Lake and projected the usage of the mill. In his cross-examination he explained that this information was derived from the Veco/Siemens Technical Report and from a meeting with the manager of Veco’s Burnaby office. [1248] I also note that the cogeneration facility had been in the Plaintiffs’ business plans as provided to the Defendant since the beginning of 1996. [1249] It was also recommended to DIAND, in the Anthony-Seaman Report at Exhibit P-79, Tab 226, by the consultants the Department hired to review the Watson Lake mill, that: The utilization of the whole tree and the next steps in value adding are much more important goals than the addition of a few more points of green lumber recovery. The co-generation plant using mill residuals that is being proposed by South Yukon Forest Corporation to provide mill and local electricity are projects that should be encouraged and supported, as a part of whole tree utilization. [1250] On the basis of the evidence, I find that it was reasonable to conclude that the Plaintiffs would have been able to sell the excess electricity produced by the cogeneration facility, as contemplated in Phase 2.

Page: 331<br />

diesel and the actual price of electricity in Watson Lake. He concluded that his calculations were<br />

very conservative given the significant increase in oil prices since he had completed his report.<br />

[1246] Mr. Van Leeuwen’s projections were based on the cogeneration facility that would have<br />

been built if a secure timber supply had been provided.<br />

2010 FC 495 (CanLII)<br />

[1247] He considered the actual electrical requirements for Watson Lake and projected the usage of<br />

the mill. In his cross-examination he explained that this information was derived from the<br />

Veco/Siemens Technical Report and from a meeting with the manager of Veco’s Burnaby office.<br />

[1248] I also note that the cogeneration facility had been in the Plaintiffs’ business plans as<br />

provided to the Defendant since the beginning of 1996.<br />

[1249] It was also recommended to DIAND, in the Anthony-Seaman Report at Exhibit P-79, Tab<br />

226, by the consultants the Department hired to review the Watson Lake mill, that:<br />

The utilization of the whole tree and the next steps in value adding<br />

are much more important goals than the addition of a few more<br />

points of green lumber recovery. The co-generation plant using mill<br />

residuals that is being proposed by South Yukon Forest Corporation<br />

to provide mill and local electricity are projects that should be<br />

encouraged and supported, as a part of whole tree utilization.<br />

[1250] On the basis of the evidence, I find that it was reasonable to conclude that the Plaintiffs<br />

would have been able to sell the excess electricity produced by the cogeneration facility, as<br />

contemplated in Phase 2.

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