Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 370
Q You will admit today on behalf of both companies that they
entered into a lease with the government of Canada for the site at
which the mill is located
A
Q
made
A
Q
made
Yes.
And that under that lease there were lease payments to be
Yes.
Will you admit today that the lease payments were not fully
2010 FC 495 (CanLII)
A I’m not sure when they would have ceased being paid. They
have. Assuming your question, I guess they have. I know they were
paid all the way through the operation and even after the operation of
the mill to at least a certain date.
Q Will you admit today that there is the outstanding amount of
$4,060 plus Goods and Services Tax in respect of the last payment
owed to Her Majesty the Queen under that lease
A I can’t verify it either way, but, again, if you’re presenting
those numbers from the Government of Canada, I believe it to be
true.
[1383] The Defendant bears the burden of establishing the breach of contract and recovery of
damages as alleged in paragraph 30B of the Counterclaim.
[1384] The Counterclaim is advanced pursuant to Rule 189 of the Rules. The Defendant must show
that, independent of the Court’s jurisdiction in respect of the main claim, there is jurisdiction with
respect to the Counterclaim. In this regard, I refer to the decision in Gaudet v. Canada et al. (1998),
148 F.T.R. 13 (T.D.).