Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 390
[1438] The Defendant chose to structure her defence around the characterization of the actions of
her servants and agents as “policy” decisions. She then went on to complicate and obfuscate the
issues by a belated emphasis on administrative law remedies upon which she had been silent for a
long time.
2010 FC 495 (CanLII)
[1439] The Defendant did not plead this as a defence nor did she move to strike the Plaintiffs’
Amended Statement of Claim on this basis.
[1440] Instead, the Defendant chose to spring this defence in the course of closing arguments. She
chose to advance technical and complicated arguments. She chose to paint the representatives as
feckless adventurers. I have found otherwise.
[1441] This case was fact-driven. I have based my factual findings on the evidence, that is from the
testimony of the witnesses and the documents, and upon reasonable inferences, including negative
ones.
[1442] The relationship between the Plaintiffs and the Defendant gave rise to legal obligations. The
breach of those obligations by the Defendant gave rise to consequences that the law recognizes as
damages, in other words, a monetary award.