Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 372
[1389] For what it is worth, paragraph 44 of the Counterclaim, also quoted above, suggests a lack
of certainty about the terms relating to the amount of the rental, referring to “four thousand and sixty
dollars ($4,060.00) or such other rental as may be fixed by the Minister of Indian Affairs and
Northern Development” (Emphasis added).
[1390] The only evidence offered by the Defendant in respect of the Counterclaim is not sufficient.
2010 FC 495 (CanLII)
Mr. Kerr’s answer in cross-examination on April 14, 2008 was no more than a “guess”, in my
opinion and fails to meet the burden of proof required in a civil proceeding, that is the balance of
probabilities.
[1391] In the result, the Counterclaim is dismissed. Costs in this regard will be addressed later by
the parties.
11. The Conduct of the Case
[1392] In closing, it is appropriate for me to make some brief remarks about the conduct of this
case.
[1393] This has been a time-consuming matter. The clock can be set in 1996 when LPL first
approached DIAND and the bell rang when the mill closed in August 2000. The clock was re-set
with the issuance of the Statement of Claim in November 2001; another bell sounded when the trial
began on March 31, 2008.