Federal Court - Christian Aboriginal Infrastructure Developments ...

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FEDERAL COURT SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: T-2012-01 SOUTH YUKON FOREST CORPORATION and LIARD PLYWOOD AND LUMBER MANUFACTURING INC. v. HER MAJESTY THE QUEEN 2010 FC 495 (CanLII) PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: March 31, 2008, April 1 to 4, April 7 to 11 and 14, 2008 May 5 to 9, 12 to 16, 28 to 30, 2008 June 2, 3 and 21, 2008 July 4, 7 to 10, 11, 14 to 18 and 21, 2008 September 17, 2008 REASONS FOR JUDGMENT: HENEGHAN J. DATED: May 5, 2010 APPEARANCES: Lenard M. Sali, Q.C. Andrew Wilson Gary Whittle Malcolm Florence FOR THE PLAINTIFFS FOR THE DEFENDANT
Page: 2 SOLICITORS OF RECORD: Bennett Jones Calgary, Alberta Whittle & Company Whitehorse, Yukon John H. Sims, Q.C. Deputy Attorney General Vancouver, British Columbia FOR THE PLAINTIFFS FOR THE DEFENDANT 2010 FC 495 (CanLII)
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Federal Court Cour fédérale Date:
Page 3 and 4:
Page: 3 [7] This action was commenc
Page 5 and 6:
Page: 5 [16] On August 25, 2004, th
Page 7 and 8:
Page: 7 the appellant to serve and
Page 9 and 10:
Page: 9 [30] Both parties have subm
Page 11 and 12:
Page: 11 these documents for the tr
Page 13 and 14:
Page: 13 [42] Mr. Sewell provided g
Page 15 and 16:
Page: 15 [52] Mr. Leonard Bourgh wa
Page 17 and 18:
Page: 17 [62] Mr. Gurney operated a
Page 19 and 20:
Page: 19 [72] Mr. Brian Kerr was th
Page 21 and 22:
Page: 21 [81] In brief, as Woodland
Page 23 and 24:
Page: 23 with the LPL group; he rem
Page 25 and 26:
Page: 25 [97] Mr. Spencer also test
Page 27 and 28:
Page: 27 Keith Spencer on a regular
Page 29 and 30:
Page: 29 addressed meetings with DI
Page 31 and 32:
Page: 31 publications and a summary
Page 33 and 34:
Page: 33 [129] Mr. Irwin testified
Page 35 and 36:
Page: 35 Assessment Act, S.C. 1992,
Page 37 and 38:
Page: 37 [147] In his position as t
Page 39 and 40:
Page: 39 [156] Mr. Fillmore also ga
Page 41 and 42:
Page: 41 Department early in his te
Page 43 and 44:
Page: 43 Report for Forest Manageme
Page 45 and 46:
Page: 45 with no particular respons
Page 47 and 48:
Page: 47 [192] Mr. Sewell testified
Page 49 and 50:
Page: 49 4. The powers, duties and
Page 51 and 52:
Page: 51 [205] In the introduction,
Page 53 and 54:
Page: 53 activity occurs. The total
Page 55 and 56:
Page: 55 any person or class of per
Page 57 and 58:
Page: 57 [225] In protest over the
Page 59 and 60:
Page: 59 described the LPL project
Page 61 and 62:
Page: 61 [238] The RIAS also explai
Page 63 and 64:
Page: 63 [246] For the sake of clar
Page 65 and 66:
Page: 65 [254] This was the context
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Page: 67 [263] By 1996, according t
Page 69 and 70:
Page: 69 [270] Following the April
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Page: 71 require 200,000 m 3 of tim
Page 73 and 74:
Page: 73 June 4, 1996. In his lette
Page 75 and 76:
Page: 75 [294] Mr. Ivanksi testifie
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Page: 77 [303] This proposed invest
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Page: 79 C. 1997 [311] In late 1996
Page 81 and 82:
Page: 81 Watson Lake area. I unders
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Page: 83 [326] This report, prepare
Page 85 and 86:
Page: 85 [332] As previously noted,
Page 87 and 88:
Page: 87 D. 1998 [341] The first jo
Page 89 and 90:
Page: 89 [349] Mr. Henry explained,
Page 91 and 92:
Page: 91 It seems the goal of havin
Page 93 and 94:
Page: 93 [365] The Plaintiffs were
Page 95 and 96:
Page: 95 remained on the site for s
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Page: 97 evidence, which is consist
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Page: 99 [389] A meeting was held o
Page 101 and 102:
Page: 101 [396] These documents wer
Page 103 and 104:
Page: 103 location under a future C
Page 105 and 106:
Page: 105 [414] A briefing note, da
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Page: 107 to shut down operations i
Page 109 and 110:
Page: 109 continuing delays by DIAN
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Page: 111 [439] On October 1, 1999,
Page 113 and 114:
Page: 113 [447] In October 1999, DI
Page 115 and 116:
Page: 115 regulations would impleme
Page 117 and 118:
Page: 117 [464] There was another m
Page 119 and 120:
Page: 119 [472] Mr. Ballantyne, the
Page 121 and 122:
Page: 121 [482] However, there is a
Page 123 and 124:
Page: 123 [488] I note that on the
Page 125 and 126:
Page: 125 [498] Mr. Ballantyne said
Page 127 and 128:
Page: 127 [508] SYFC had announced
Page 129 and 130:
Page: 129 [516] The closure of the
Page 131 and 132:
Page: 131 [523] The Hyland-Coal THA
Page 133 and 134:
Page: 133 [531] As mentioned earlie
Page 135 and 136:
Page: 135 explained to YCS that the
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Page: 137 [543] At this time the jo
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Page: 139 without the promised timb
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Page: 141 479 In some respects coun
Page 143 and 144:
Page: 143 B. Preliminary Issues [56
Page 145 and 146:
Page: 145 of action arising in that
Page 147 and 148:
Page: 147 [577] In responding to th
Page 149 and 150:
Page: 149 The plaintiff shall serve
Page 151 and 152:
Page: 151 20 For the reasons expres
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Page: 153 [598] Both the Plaintiffs
Page 155 and 156:
Page: 155 … Liability for acts of
Page 157 and 158:
Page: 157 from the evidence, and if
Page 159 and 160:
Page: 159 [616] Mr. Gurney is an un
Page 161 and 162:
Page: 161 Q. Did you understand the
Page 163 and 164:
Page: 163 [633] Mr. Madill was anot
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Page: 165 [643] Having regard to th
Page 167 and 168:
Page: 167 [653] In Design Services
Page 169 and 170:
Page: 169 [660] In Childs v. Desorm
Page 171 and 172:
Page: 171 [668] This reliance by th
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Page: 173 [674] Similarly, the Defe
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Page: 175 we would be interested in
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Page: 177 happy with this decision)
Page 179 and 180:
Page: 179 [703] This high unemploym
Page 181 and 182:
Page: 181 [711] I also note that th
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Page: 183 [718] This is not the cas
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Page: 185 [726] In my opinion, the
Page 187 and 188:
Page: 187 [732] Similarly, Mr. Loek
Page 189 and 190:
Page: 189 [741] There is no doubt t
Page 191 and 192:
Page: 191 Department employed a loc
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Page: 193 duty of care and that the
Page 195 and 196:
Page: 195 inordinate delay, that in
Page 197 and 198:
Page: 197 industry need, promises m
Page 199 and 200:
Page: 199 … Industry is not stupi
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Page: 201 offered by Mr. Fillmore i
Page 203 and 204:
Page: 203 • Uncertainties associa
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Page: 205 available sustainable tim
Page 207 and 208:
Page: 207 [787] On August 9, 2000,
Page 209 and 210:
Page: 209 [796] On the basis of the
Page 211 and 212:
Page: 211 [805] In preparation for
Page 213 and 214:
Page: 213 [810] This is an extraord
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Page: 215 inferences, to be sure, c
Page 217 and 218:
Page: 217 occurrences but occurred
Page 219 and 220:
Page: 219 [831] Of particular impor
Page 221 and 222:
Page: 221 [840] Mr. Madill appeared
Page 223 and 224:
Page: 223 evidence of the Defendant
Page 225 and 226:
Page: 225 an inference of causation
Page 227 and 228:
Page: 227 [860] The Defendant drew
Page 229 and 230:
Page: 229 [869] This conduct, inclu
Page 231 and 232:
Page: 231 [878] In the result, I fi
Page 233 and 234:
Page: 233 [887] Unfortunately, for
Page 235 and 236:
Page: 235 [897] As I understand the
Page 237 and 238:
Page: 237 [905] Throughout 1998, th
Page 239 and 240:
Page: 239 James Moore. That meeting
Page 241 and 242:
Page: 241 391605 B.C. Ltd. was give
Page 243 and 244:
Page: 243 (3) The representor must
Page 245 and 246:
Page: 245 [932] For the reasons not
Page 247 and 248:
Page: 247 proposed mill project. Mr
Page 249 and 250:
Page: 249 [949] Mr. Fehr’s eviden
Page 251 and 252:
Page: 251 commitments and they’ve
Page 253 and 254:
Page: 253 observations of his manne
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Page: 255 [973] As well, the fact t
Page 257 and 258:
Page: 257 all of its commitments. T
Page 259 and 260:
Page: 259 JUSTICE: Mr. Nault is not
Page 261 and 262:
Page: 261 [996] Moreover, the evide
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Page: 263 (b) Was the representatio
Page 265 and 266:
Page: 265 Thus, where an advising p
Page 267 and 268:
Page: 267 Q. And you understood tho
Page 269 and 270:
Page: 269 considering the balance o
Page 271 and 272:
Page: 271 was withheld addressed th
Page 273 and 274:
Page: 273 [1037] Was that reliance
Page 275 and 276:
Page: 275 build a mill was consider
Page 277 and 278:
Page: 277 [1052] As a result, I fin
Page 279 and 280:
Page: 279 servants. That was a subj
Page 281 and 282:
Page: 281 [1068] As I understand th
Page 283 and 284:
Page: 283 contract. Liability can a
Page 285 and 286:
Page: 285 [1084] Mr. Alan Kerr and
Page 287 and 288:
Page: 287 [1093] Given the nature o
Page 289 and 290:
Page: 289 [1096] The Plaintiffs sub
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Page: 291 decision in Daulia Ltd. v
Page 293 and 294:
Page: 293 which are commonly endeav
Page 295 and 296:
Page: 295 [1115] The Defendant reli
Page 297 and 298:
Page: 297 [1123] With respect to th
Page 299 and 300:
Page: 299 adequate supply of timber
Page 301 and 302:
Page: 301 In the circumstances of t
Page 303 and 304:
Page: 303 4. Breach of Fiduciary Du
Page 305 and 306:
Page: 305 place the Crown in the un
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Page: 307 to injure the plaintiff.
Page 309 and 310:
Page: 309 There are no special dama
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Page: 311 two, which I propose to p
Page 313 and 314:
Page: 313 MR. WHITTLE: I am satisfi
Page 315 and 316:
Page: 315 items thereof may be inac
Page 317 and 318:
Page: 317 [1188] It is not disputed
Page 319 and 320:
Page: 319 …The difficulty in fixi
Page 321 and 322:
Page: 321 [1202] In closing argumen
Page 323 and 324:
Page: 323 opinion testimony on the
Page 325 and 326:
Page: 325 that it “came directly
Page 327 and 328:
Page: 327 [1228] Mr. Van Leeuwen sa
Page 329 and 330:
Page: 329 company would have been g
Page 331 and 332:
Page: 331 diesel and the actual pri
Page 333 and 334:
Page: 333 the weight to be given to
Page 335 and 336:
Page: 335 [1262] Mr. Van Leeuwen pr
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 and 388: Page: 387 VII. CONCLUSION [1420] At
Page 389 and 390: Page: 389 [1432] The commitment, ot
Page 391 and 392: Page: 391 [1443] At the end of the
Page 393 and 394: Page: ii B. Preliminary Issues 567-
Page 395: Page: iv (ii) Legal Principles 1181
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