Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 368
further Amended Defence and Counterclaim on February 6, 2006, there were no substantive
changes to the Counterclaim and SYFC chose not to file an Amended Defence to the Counterclaim
but to rely on the pleading that had been filed on October 30, 2003.
[1379] In the Defence to the Counterclaim that had been filed on October 30, 2003, the Plaintiff
SYFC replied to paras, 43 and 44 of the Counterclaim as follows:
2010 FC 495 (CanLII)
6. In answer to paragraph 43 of the Counterclaim, the
Defendant by Counterclaim admits that Liard Plywood and Lumber
Manufacturing Inc. assigned to it the Lease but says that the
covenant of the Defendant by Counterclaim to pay the rent and
perform the covenants, conditions and agreements contained in the
Lease, was with the Assignor, Liard Plywood and Lumber
Manufacturing Inc., and not the Plaintiff by Counterclaim.
7. In answer to paragraph 44 of the Counterclaim, the
Defendant by Counterclaim admits that on or about July 2, 2000, the
Plaintiff by Counterclaim and the Defendant by Counterclaim
entered into an amendment of the Lease wherein, inter alia, the
description of the land was amended as the Lands and the annual
rental changed to $4,060 plus GST payable yearly in advance, but
the Defendant by Counterclaim denies that there was any covenant in
the said amendment that required the Defendant by Counterclaim to
pay to the Plaintiff by Counterclaim the said rent.
[1380] The Plaintiff’s Defence to paragraph 47 of the Counterclaim is set out in paragraph 8 of its
Statement of Defence as follows:
8. In answer to paragraphs 45 and 46 of the Counterclaim, the
Defendant by Counterclaim admits that it failed to deliver to the
Plaintiff by Counterclaim the rental of $4,060 plus GST as alleged,
but says that it was an implied term of the Lease that if the Plaintiff
by Counterclaim did not grant timber harvesting rights to the
Defendant by Counterclaim, as alleged in the Amended Statement of
Claim, that payment of the annual rent would be waived by the
Plaintiff by Counterclaim, or alternatively payment of the annual rent
would be deferred until such time as the said timber harvesting rights