Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 85
[332] As previously noted, the use of reconditioned equipment was recommended to DIAND, by
one of its own consultants, that is Sterling Wood, with respect to a mill to be built in Watson Lake.
[333] Throughout the summer and fall of 1997 there were meetings between LPL and the B.I.D.
Group about the advancement of the Watson Lake mill project.
2010 FC 495 (CanLII)
[334] In late 1997, LPL and 391605 B.C. Ltd. were continuing mill design and construction. Mr.
Fehr described himself as the “overseer” in relation to the fabrication of the mill, including the
installation of the equipment. He went to Watson Lake several times. He saw the mill when it was
operational. He was satisfied with what he saw and he was satisfied that the mill and equipment
were adequate for the required purposes.
[335] On November 5, 1997, SYFC was incorporated under the laws of the Yukon Territory. This
corporation was the operating vehicle for the joint venture. A joint venture agreement was created
between LPL and 391605 B.C. Ltd. It was formalized in a written agreement that was dated January
30, 1998 (the “first joint venture agreement”).
[336] It is clear that the joint venturers, SYFC, LPL and 391605 B.C. Ltd., built the mill at Watson
Lake, and I so find.
[337] LPL conducted logging operations for the mill from 1998 until the closure of the mill in
August 2000.