Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 84
intent and throughout the following year we can hit them hard on the
absolute necessity of more secure tenure.
[329] The meeting was held on July 15 th , according to the summary of financial records that was
filed at the hearing on July 11, 2008. It was attended by the Kerr brothers, representing LPL; Mr.
Fehr and Mr. Spencer, representing the B.I.D. Group; and Mr. Monty and Mr. Gladstone,
representing the Department. It was at this meeting that the Plaintiffs say a representation was made
2010 FC 495 (CanLII)
to LPL. LPL and the B.I.D. Group relied upon that representation in going ahead with the mill
project.
[330] Following that meeting, LPL and the B.I.D. Group continued working towards the
construction of a mill in Watson Lake. The work carried on throughout the rest of 1997 and up to
October 1998 when the mill commenced operations. The sawmill was constructed in sections in
Vanderhoof. The components of the mill were then transported by road from British Columbia.
[331] The decision was made by LPL and 391605 B.C. Ltd., a company associated with the B.I.D.
Group, to use existing material, including older, reconditioned equipment. In Mr. Fehr’s opinion,
the size of the proposed mill and the anticipated volume of wood to be processed, that is 200,000 m 3
a year, did not justify the capital cost of using all new materials and equipment. He had a lot of
experience in tearing down old sawmills, putting up new ones and in recycling, reconditioning and
reusing material and equipment, and was satisfied that this approach would yield a sawmill facility
that was adequate for the task.