Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 388 [1426] I have made a finding upon the basis of the evidence that was before me, that the commitment was to supply an adequate supply of wood over a long term which I have found to be a 20 year period. [1427] The existence of a contract gave rise to legal obligations. 2010 FC 495 (CanLII) [1428] The Defendant breached the contract by failing to provide the adequate timber supply in the volume of 200,000 m 3 per year, over a 20 year term. That failure to provide the necessary timber supply caused the mill to close down. [1429] The Defendant’s breach of contract was a direct result of the negligence and bad faith of her servants and agents in the Yukon Regional Office. I have set out my findings in that regard above. [1430] The breach of contract caused direct financial loss to the Plaintiffs. [1431] The Defendant’s promise to provide an adequate supply of timber for the mill was not only the foundation of a contract between LPL, SYFC and the Defendant, it was also a negligent misrepresentation vis à vis LPL. The negligent misrepresentation is a cause of action advanced and established by LPL.
Page: 389 [1432] The commitment, otherwise called a “promise”, was made during the scheduled “due diligence” meeting of July 15, 1997. The commitment was made to LPL. [1433] The Defendant’s promise was intended to induce the construction of the mill. That promise, or commitment, was negligently made by the Defendant’s servants who knew, at the time, that the representation was untrue and would be relied upon. I have addressed earlier the constituent 2010 FC 495 (CanLII) elements of negligent misrepresentation and my findings in that regard. [1434] In closing submissions, Counsel for the Plaintiffs argued that the Defendant’s own documents proved the case for the Plaintiffs. I agree. By the “Defendant’s own documents”, I mean the documents created by the Defendant, including those documents that she did not produce. I refer in that regard to the documents obtained by the Plaintiffs pursuant to access requests, and otherwise. [1435] Those documents plainly show that DIAND wanted to have a mill built in southeast Yukon. The Defendant’s policy decisions, as expressed in the Regulations that I mentioned earlier, required a mill. The statutory mandate of DIAND required promotion of economic development in the Yukon Territory. The mill fund had been established for the purpose of building a mill. [1436] I refer, once again, to the decision in Carrier Lumber where the Court commented that the issues had been clouded by an overly technical approach. [1437] The same can be said here.
- Page 337 and 338: Page: 337 reasonable. The estimatio
- Page 339 and 340: Page: 339 [1280] In cross-examinati
- Page 341 and 342: Page: 341 [1286] Mr. Van Leeuwen, i
- Page 343 and 344: Page: 343 a secure timber supply, t
- Page 345 and 346: Page: 345 A. Definitely. Because, a
- Page 347 and 348: Page: 347 [1309] The Defendant cros
- Page 349 and 350: Page: 349 [1317] As well, the Defen
- Page 351 and 352: Page: 351 To this end, not only sho
- Page 353 and 354: Page: 353 [1331] The Defendant has
- Page 355 and 356: Page: 355 8. Interest [1340] The Pl
- Page 357 and 358: Page: 357 arising in that province.
- Page 359 and 360: Page: 359 Post-judgment interest 36
- Page 361 and 362: Page: 361 [1350] Similarly, the Cou
- Page 363 and 364: Page: 363 [1360] Counsel for both p
- Page 365 and 366: Page: 365 [1367] However, two of th
- Page 367 and 368: Page: 367 Development pursuant to c
- Page 369 and 370: Page: 369 were granted by the Plain
- Page 371 and 372: Page: 371 [1385] The Defendant’s
- Page 373 and 374: Page: 373 [1394] There were many wi
- Page 375 and 376: Page: 375 Q And you knew there was
- Page 377 and 378: Page: 377 Now does that generally a
- Page 379 and 380: Page: 379 discovery examination of
- Page 381 and 382: Page: 381 submissions. In terms - -
- Page 383 and 384: Page: 383 [1412] On April 14, day 1
- Page 385 and 386: Page: 385 content and expect it to
- Page 387: Page: 387 VII. CONCLUSION [1420] At
- Page 391 and 392: Page: 391 [1443] At the end of the
- Page 393 and 394: Page: ii B. Preliminary Issues 567-
- Page 395 and 396: Page: iv (ii) Legal Principles 1181
- Page 397: Page: 2 SOLICITORS OF RECORD: Benne
Page: 388<br />
[1426] I have made a finding upon the basis of the evidence that was before me, that the<br />
commitment was to supply an adequate supply of wood over a long term which I have found to be a<br />
20 year period.<br />
[1427] The existence of a contract gave rise to legal obligations.<br />
2010 FC 495 (CanLII)<br />
[1428] The Defendant breached the contract by failing to provide the adequate timber supply in the<br />
volume of 200,000 m 3 per year, over a 20 year term. That failure to provide the necessary timber<br />
supply caused the mill to close down.<br />
[1429] The Defendant’s breach of contract was a direct result of the negligence and bad faith of her<br />
servants and agents in the Yukon Regional Office. I have set out my findings in that regard above.<br />
[1430] The breach of contract caused direct financial loss to the Plaintiffs.<br />
[1431] The Defendant’s promise to provide an adequate supply of timber for the mill was not only<br />
the foundation of a contract between LPL, SYFC and the Defendant, it was also a negligent<br />
misrepresentation vis à vis LPL. The negligent misrepresentation is a cause of action advanced and<br />
established by LPL.
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