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Federal Court - Christian Aboriginal Infrastructure Developments ...

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Page: 68<br />

local wood manufacturing facility. In fact, LPL had detailed knowledge as Mr. Gurney had been<br />

intimately involved with LFN being granted this THA. As noted previously, the entire process to<br />

authorize this training THA was completed in approximately six months.<br />

[267] A meeting was arranged and took place on April 18, 1996 in Whitehorse. Prior to the<br />

meeting, Mr. Gurney had sent a copy of the initial business plan, as detailed above, to the Regional<br />

2010 FC 495 (CanLII)<br />

Office. This meeting was attended by Mr. Bourgh and Mr. Gurney on behalf of LPL. Mr. Ivanski,<br />

Mr. Chambers, Ms. Guscott, and Mr. Monty attended on behalf of the Department.<br />

[268] Mr. Ivanksi acknowledged on April 24, 1996, by letter entered as Exhibit P-80, Tab 11, that<br />

the LPL proposal lacked sufficient detail for the business case to be analyzed and that the timelines<br />

were unrealistic. He indicated that DIAND was prepared to consider the concept. However, he<br />

stated that “[t]his is not to be considered an exclusive offer...” He also informed LPL that “[b]ased<br />

upon historic harvest levels, and the indication of where you propose to cut, it is estimated that there<br />

would be sufficient resources to the level estimated in your concept.” Also, his letter shows that he<br />

was aware that LPL was seeking a tenured fibre supply of 200,000 m 3 per year, and that the mill<br />

would use pulpwood sized timber.<br />

[269] As of May 15, 1996, the sole source of fibre for LPL was wood to be obtained from local<br />

loggers and the process for obtaining wood, at that time, was the CTP process.

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