Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 337
reasonable. The estimation of market factors and costs, with respect to sawmill operation, falls
within Mr. Van Leeuwen’s expertise.
[1271] He also used the actual stumpage rates in generating his projections. On cross-examination
he testified that he was unaware that the stumpage rates between the Plaintiffs and the Defendant
would have been the subject of negotiation.
2010 FC 495 (CanLII)
[1272] The actual stumpage rates under the Yukon Timber Regulations were amended in 1995 by
SOR/95-387. The stumpage royalty for logs processed in the Yukon was $5.00/m 3 . In 1996 the
stumpage royalty, for this category of timber, was reduced to $2.62/m 3 , by SOR/96-549.
[1273] There is evidence in the record with respect to the stumpage paid by KFR for timber cut off
their commercial THA; see Exhibit P-80, Tab 26. That evidence shows that stumpage royalties for
KFR were set at $1.75/m 3 for pine logs for the years 1995 to 1997.
[1274] There is evidence in the record that shows that the Watson Lake mill was designed for the
small upland pine logs.
[1275] As a result, I am satisfied that by relying upon actual stumpage Mr. Van Leeuwen’s
projections would be conservative. As such, I find that the fact that he did not know that stumpage
rates were subject to negotiation, does not affect the reliability of his projections.