Federal Court - Christian Aboriginal Infrastructure Developments ...

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Fillmore also gave evidence about his meetings with representatives of LPL and SYFC, and
exchanges of correspondence, often by email, with them. Some of the communications related to
acquiring a THA. He understood that the Plaintiffs were looking for a volume of 200,000 m 3 per
year. Further, he understood that this figure was constant and did not change.
[152] Mr. Fillmore believed that in order for the Plaintiffs to get a THA, they would have to first
2010 FC 495 (CanLII)
prove themselves with demonstrated ability to process timber in the mill. In fact, Mr. Fillmore
testified that the Plaintiffs had to demonstrate capacity before they would even be entitled to a
15,000 m 3 CTP.
[153] Mr. Fillmore was involved with others in the Department in dealing with requests from the
Plaintiffs and others for the delivery of timely information about access to wood.
[154] In the course of his work with the Department, Mr. Fillmore was responsible for preparing
“Backgrounder” or “Background” documents to be used both for internal information and for the
media. He either reviewed the documents as prepared by someone else or he prepared them himself,
but in any event, he was the person who approved the text.
[155] Mr. Fillmore had a poor memory about some matters including the available volume of
timber in the relevant forest management units (“FMU”), that is Y02 and Y03. Additionally, he did
not remember what he said to SYFC with respect to what DIAND would expect in order to acquire
a THA, the participation of KFR in the joint venture and other relevant matters.