Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 349
[1317] As well, the Defendant had been advised in the Kaska Forest Products Sawmill Project
Study in April 1997, that the primary markets of a Watson Lake sawmill should be Japan, Korea
and Taiwan.
[1318] Mr. Van Leeuwen did not consider the impacts of any future improvements to the mill, the
2010 FC 495 (CanLII)
construction of the planned value-added plant or sales to the Japanese market. As such, I believe
that the reasonable expectation losses would be somewhat higher in the second 10 year projection,
that is 2011-2020.
[1319] As a result, and considering all of the evidence, I find on the balance of probabilities that the
Plaintiffs’ reasonable expectation losses for 2011 to 2020 are $36,000,000. The Plaintiffs are
entitled to recover these expectation losses as damages.
[1320] I find that the Plaintiffs are entitled to recover their expectation losses from 2001-2020, in
the amount of $67,000,000, together with pre-judgment interest as discussed below.
7. Punitive Damages
[1321] The Plaintiffs seek recovery of punitive damages as well. This is a special category of
damages, for which the award is subject to special considerations. In Honda Canada Inc. v. Keays,
[2008] 2 S.C.R. 362, the Supreme Court of Canada issued the following caution at para. 68:
[68] Even if I were to give deference to the trial judge on this issue,
this Court has stated that punitive damages should "receive the most