Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 338 [1276] Mr. Van Leeuwen based his projections of the Plaintiffs’ lost income upon the assumption that SYFC would sell 100 percent of its production in the readily accessible markets of the Yukon Territory and Alaska. Although he was aware that the Plaintiffs were also considering sales to the Japanese market and he said in his oral evidence that probably about 15 percent of the mill’s production would be exported to Japan, he did not use any sales to the Japanese market in calculating the average value of SYFC’s product. 2010 FC 495 (CanLII) [1277] Mr. Van Leeuwen grounded his opinion as to sales from the mill upon the view that 75 percent of the kiln-dried, planed lumber would be sold to the Alaska market, with generally the remaining 25 percent sold to the local market in Yukon. The “kiln-dried, planed lumber” would be the product after completion of Phase 2 of the capital investment plan, a fundamental assumption in the preparation of his report. [1278] With respect to the Alaska market, Mr. Van Leeuwen estimated that some 65 to 70 million board feet per year would be consumed in that market. This is a reasonable estimate that he derived from the MacDowell Report. He was cross-examined at pages 1988-1989 about the different types of measuring but not as to any implication of there being a difference. [1279] In commenting on the Alaska market, Mr. Van Leeuwen noted that this used only 20 percent spruce, pine and fir (“SPF”) in 1998. He assumed that the consumption of SPF would increase due to the significant cost advantages and he assumed that 75 percent of the lumber produced by SYFC would be sold to the Alaska market.
Page: 339 [1280] In cross-examination, Mr. Van Leeuwen slightly reduced the volume that would be sold to the Alaska market to the range of 50 – 60 percent. As a result, the projected losses of the Plaintiffs will be reduced accordingly. [1281] He supported his opinion as to the likelihood of a “local” market, including the Alaska 2010 FC 495 (CanLII) market, by reference to the “unique” location of the mill on a site adjacent to the Alaska Highway, a fact that meant significant reduction to the costs of transporting wood to the Alaska market. Transportation by road was available and that mode of transportation was significantly lower than the costs of transporting lumber from the usual sources for that market, that is the states of Washington and Oregon in the United States. [1282] Mr. Van Leeuwen’s observations in this regard are based on fact. He was cross-examined briefly at pages 1978 to 1979: Q. “High-quality structural lumber”. Again in the same sentence, “…the SPF would have a considerable freight cost advantage over imported lumber. You’re talking freight cost advantage to Alaska A. Yes, and to the Yukon. … Q. Was that freight cost advantage incorporated into the premium that you had set out in your pro formas, for the number A. Yes. Yes, it is.
- 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
- Page 305 and 306: Page: 305 place the Crown in the un
- Page 307 and 308: Page: 307 to injure the plaintiff.
- Page 309 and 310: Page: 309 There are no special dama
- Page 311 and 312: Page: 311 two, which I propose to p
- 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 and 330: Page: 329 company would have been g
- Page 331 and 332: Page: 331 diesel and the actual pri
- Page 333 and 334: Page: 333 the weight to be given to
- Page 335 and 336: Page: 335 [1262] Mr. Van Leeuwen pr
- Page 337: Page: 337 reasonable. The estimatio
- Page 341 and 342: Page: 341 [1286] Mr. Van Leeuwen, i
- Page 343 and 344: Page: 343 a secure timber supply, t
- Page 345 and 346: Page: 345 A. Definitely. Because, a
- Page 347 and 348: Page: 347 [1309] The Defendant cros
- Page 349 and 350: Page: 349 [1317] As well, the Defen
- Page 351 and 352: Page: 351 To this end, not only sho
- Page 353 and 354: Page: 353 [1331] The Defendant has
- Page 355 and 356: Page: 355 8. Interest [1340] The Pl
- Page 357 and 358: Page: 357 arising in that province.
- 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
- Page 367 and 368: Page: 367 Development pursuant to c
- 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
- Page 377 and 378: Page: 377 Now does that generally a
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- Page 381 and 382: Page: 381 submissions. In terms - -
- Page 383 and 384: Page: 383 [1412] On April 14, day 1
- Page 385 and 386: Page: 385 content and expect it to
- Page 387 and 388: Page: 387 VII. CONCLUSION [1420] At
Page: 338<br />
[1276] Mr. Van Leeuwen based his projections of the Plaintiffs’ lost income upon the assumption<br />
that SYFC would sell 100 percent of its production in the readily accessible markets of the Yukon<br />
Territory and Alaska. Although he was aware that the Plaintiffs were also considering sales to the<br />
Japanese market and he said in his oral evidence that probably about 15 percent of the mill’s<br />
production would be exported to Japan, he did not use any sales to the Japanese market in<br />
calculating the average value of SYFC’s product.<br />
2010 FC 495 (CanLII)<br />
[1277] Mr. Van Leeuwen grounded his opinion as to sales from the mill upon the view that 75<br />
percent of the kiln-dried, planed lumber would be sold to the Alaska market, with generally the<br />
remaining 25 percent sold to the local market in Yukon. The “kiln-dried, planed lumber” would be<br />
the product after completion of Phase 2 of the capital investment plan, a fundamental assumption in<br />
the preparation of his report.<br />
[1278] With respect to the Alaska market, Mr. Van Leeuwen estimated that some 65 to 70 million<br />
board feet per year would be consumed in that market. This is a reasonable estimate that he derived<br />
from the MacDowell Report. He was cross-examined at pages 1988-1989 about the different types<br />
of measuring but not as to any implication of there being a difference.<br />
[1279] In commenting on the Alaska market, Mr. Van Leeuwen noted that this used only 20<br />
percent spruce, pine and fir (“SPF”) in 1998. He assumed that the consumption of SPF would<br />
increase due to the significant cost advantages and he assumed that 75 percent of the lumber<br />
produced by SYFC would be sold to the Alaska market.