Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 346
[1304] In light of those facts, I find that it was reasonable to make the assumption that the
Plaintiffs’ had received a 20 year agreement for access to a supply of 200,000 m 3 of timber per year.
I also find that it was reasonable to evaluate the expectation losses over a period of 20 years.
[1305] In his report, Mr. Van Leeuwen said that the Plaintiff SYFC had “applied for, and expected
to receive, a 20 year THA of 200,000 m 3 per year”. As I have said earlier, this is not true because
2010 FC 495 (CanLII)
SYFC had not applied for a 20 year THA, indeed it had not applied for a THA of any duration.
However, underlying this assumption is the Plaintiffs’ assertion that the Defendant had made a
commitment to provide a long-term and adequate supply of wood, if a mill were built.
[1306] I have made a finding that this commitment was made.
[1307] In these circumstances, the fact that Mr. Van Leeuwen misstated the fact in this part of his
report does not matter.
(vi)
Conclusion on Damages
[1308] As noted earlier, the Defendant did not lead any independent evidence on damages. This, of
course, was her right since the Plaintiffs bear the burden of establishing that they have suffered a
loss and the quantum of that loss, upon the usual burden in civil matters, that is the balance of
probabilities.