Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 366
The North Contracting Ltd. According to the Counterclaim, that lease was subsequently amended as
to the description of the lands leased.
[1371] The Counterclaim alleges that the lease was assigned by The North Contracting Ltd. to LPL
on November 15, 1996.
2010 FC 495 (CanLII)
[1372] The Counterclaim further alleges, at para. 42, that on August 11, 1997, the Defendant and
The North Contracting Ltd. made a further “amendment of the Lease pursuant to which provision
was made for a renewal of the Lease and the parties expressly agreed that all other terms and
conditions of the Lease are confirmed”.
[1373] According to para. 43 of the Counterclaim, LPL assigned the lease to SYFC. Para. 43 of the
Counterclaim further states that:
…it was an express term of the said assignment that the Defendant
by Counterclaim shall and will, from time to time during all of the
residue of the Lease pay the rent and perform the covenants,
conditions and agreements contained in the Lease.
[1374] According to paragraph 44 of the Counterclaim, a further agreement amending the lease was
made on July 12, 2000. Para. 44 of the Counterclaim provides as follows:
On July 12, 2000, the Plaintiff by Counterclaim and the Defendant
by Counterclaim entered into an amendment of the Lease pursuant to
which, inter alia, the description of the land was expressly amended
as the Lands and the annual rental fee recital was expressly cancelled
and replaced such that the Defendant by Counterclaim yield and pay
to the Plaintiff by Counterclaim yearly and every year in advance a
rental of four thousand and sixty dollars ($4,060.00), or such other
rental as may be fixed by the Minister of Indian Affairs and Northern