Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
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 279 and 280: Page: 279 servants. That was a subj
- Page 281 and 282: Page: 281 [1068] As I understand th
- Page 283 and 284: Page: 283 contract. Liability can a
- Page 285 and 286: Page: 285 [1084] Mr. Alan Kerr and
- Page 287 and 288: Page: 287 [1093] Given the nature o
- Page 289 and 290: Page: 289 [1096] The Plaintiffs sub
- Page 291 and 292: Page: 291 decision in Daulia Ltd. v
- Page 293 and 294: Page: 293 which are commonly endeav
- Page 295 and 296: Page: 295 [1115] The Defendant reli
- Page 297 and 298: Page: 297 [1123] With respect to th
- Page 299 and 300: Page: 299 adequate supply of timber
- Page 301 and 302: Page: 301 In the circumstances of t
- Page 303 and 304: Page: 303 4. Breach of Fiduciary Du
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- Page 307 and 308: Page: 307 to injure the plaintiff.
- Page 309 and 310: Page: 309 There are no special dama
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- Page 313 and 314: Page: 313 MR. WHITTLE: I am satisfi
- Page 315 and 316: Page: 315 items thereof may be inac
- Page 317 and 318: Page: 317 [1188] It is not disputed
- Page 319 and 320: Page: 319 …The difficulty in fixi
- Page 321 and 322: Page: 321 [1202] In closing argumen
- Page 323 and 324: Page: 323 opinion testimony on the
- Page 325 and 326: Page: 325 that it “came directly
- Page 327 and 328: Page: 327 [1228] Mr. Van Leeuwen sa
- Page 329: Page: 329 company would have been g
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- Page 335 and 336: Page: 335 [1262] Mr. Van Leeuwen pr
- Page 337 and 338: Page: 337 reasonable. The estimatio
- Page 339 and 340: Page: 339 [1280] In cross-examinati
- Page 341 and 342: Page: 341 [1286] Mr. Van Leeuwen, i
- Page 343 and 344: Page: 343 a secure timber supply, t
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- Page 347 and 348: Page: 347 [1309] The Defendant cros
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- Page 353 and 354: Page: 353 [1331] The Defendant has
- Page 355 and 356: Page: 355 8. Interest [1340] The Pl
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- Page 359 and 360: Page: 359 Post-judgment interest 36
- Page 361 and 362: Page: 361 [1350] Similarly, the Cou
- Page 363 and 364: Page: 363 [1360] Counsel for both p
- Page 365 and 366: Page: 365 [1367] However, two of th
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- Page 369 and 370: Page: 369 were granted by the Plain
- Page 371 and 372: Page: 371 [1385] The Defendant’s
- Page 373 and 374: Page: 373 [1394] There were many wi
- Page 375 and 376: Page: 375 Q And you knew there was
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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.