Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 386
commitment or a contract for long-term tenure with the plaintiffs or
any other guarantee of tenure.
JUSTICE:
Or any other
MR. FLORENCE: Any other guarantee of tenure. And we
simply ask that you take this into consideration when deciding what
weight to give to the documents enclosed in that exhibit.
2010 FC 495 (CanLII)
[1417] The Defendant consistently took the position that Exhibit D-11 was entered for the truth and
accuracy of its contents. The exhibits consist of 6 binders holding 223 documents. The Defendant
sought an admission from the Plaintiffs, at trial, that the documents were true and accurate. Once
that admission was made, the Defendant entered this collection of documents as an exhibit.
[1418] She cannot, in the course of her closing submissions, repudiate that which she has adopted
as her own evidence. Neither can she opt to rely on those parts of the exhibit that she prefers and
repudiate those other components that may be less helpful to her. I endorse and accept the
submission made on behalf of the Plaintiffs at page 4318 of the transcript, quoted above.
12. Costs
[1419] In the course of the trial, Counsel for the Plaintiffs asked for the opportunity to make
submissions on costs. I agreed. A Direction will issue regarding the timelines for service and filing
of motion records in this regard.