Federal Court - Christian Aboriginal Infrastructure Developments ...
Federal Court - Christian Aboriginal Infrastructure Developments ... Federal Court - Christian Aboriginal Infrastructure Developments ...
Page: 86 [338] Mr. Kerr was part of the fabrication team. He was put to work with his electrical contractor skills to assist in the construction. He testified that the mill was fabricated in Vanderhoof under the experienced direction of Mr. Fehr and Mr. Spencer. [339] Mr. Kerr testified that the mill design and fabrication were overseen by Mr. Spencer and Mr. 2010 FC 495 (CanLII) Fehr who were very experienced in the field of sawmill design. Mr. Paul Heit, also from the B.I.D. Group, was responsible for sourcing the raw timber for the mill. Mr. Kerr was trained to be the manager of the mill and went to Vanderhoof during the construction of the mill. Although he had a good solid understanding of how sawmill machines worked, due to his background, Mr. Kerr had no background in sawmill management. Mr. Spencer had many years of such experience. Under the tutelage of Mr. Spencer, Mr. Kerr was trained to take over the management of the mill. [340] At the same time as SYFC, LPL and 391605 B.C. Ltd were proceeding with the design and construction of the sawmill, DIAND was continuing to address the failure of KFR to comply with the conditions of their THA and build a mill. A letter dated November 20, 1997, entered as Exhibit P-80, Tab 21, from Mr. Monty to Ms. Guscott, reflects DIAND’s position with respect to establishing a timeline for renewing the KFR THA. Mr. Monty states in this letter that “[a]s soon as Kaska Forest Resources have a ‘viable’ partner capable of producing a ‘viable’ mill, then we can address a firm timeline.”
Page: 87 D. 1998 [341] The first joint venture agreement was signed on January 30, 1998. It was entered as Exhibit D-11, Tab 108. The parties to this agreement are LPL and 391605 B.C. Ltd. This agreement manifested the intention of the parties to carry on the sawmill enterprise as a joint venture. It recognized that LPL had already taken numerous steps to toward the development of a wood manufacturing complex at Watson Lake. These steps included the “preliminary discussions with the 2010 FC 495 (CanLII) Government of Canada with a view to acquiring timber rights.” [342] I find that these preliminary discussions included the meeting with DIAND on July 15, 1997. I also find that the preliminary discussions included the commitment from DIAND that if a mill were built that a sufficient long-term supply of fibre would be made available. [343] In the first joint venture agreement, LPL’s contributions to the joint venture included “bringing the Project to the Corporation”, $625,000 cash, the mill site and any additional capitalization. The contribution of 391605 B.C. Ltd. included the supply and installation of sawmill equipment and the services of Mr. Spencer and Mr. Cliff Harrison for five months “to supply management training and marketing consultation.” [344] The services of Mr. Spencer and Mr. Harrison were provided under the terms of a separate management agreement for five months. This management agreement was schedule “C” to the joint venture agreement. It was signed on January 30, 1998.
- 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
- Page 67 and 68: Page: 67 [263] By 1996, according t
- Page 69 and 70: Page: 69 [270] Following the April
- Page 71 and 72: 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
- Page 77 and 78: Page: 77 [303] This proposed invest
- Page 79 and 80: Page: 79 C. 1997 [311] In late 1996
- Page 81 and 82: Page: 81 Watson Lake area. I unders
- Page 83 and 84: Page: 83 [326] This report, prepare
- Page 85: Page: 85 [332] As previously noted,
- 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
- Page 97 and 98: Page: 97 evidence, which is consist
- Page 99 and 100: 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
- Page 107 and 108: Page: 107 to shut down operations i
- Page 109 and 110: Page: 109 continuing delays by DIAN
- Page 111 and 112: 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
Page: 87<br />
D. 1998<br />
[341] The first joint venture agreement was signed on January 30, 1998. It was entered as Exhibit<br />
D-11, Tab 108. The parties to this agreement are LPL and 391605 B.C. Ltd. This agreement<br />
manifested the intention of the parties to carry on the sawmill enterprise as a joint venture. It<br />
recognized that LPL had already taken numerous steps to toward the development of a wood<br />
manufacturing complex at Watson Lake. These steps included the “preliminary discussions with the<br />
2010 FC 495 (CanLII)<br />
Government of Canada with a view to acquiring timber rights.”<br />
[342] I find that these preliminary discussions included the meeting with DIAND on July 15,<br />
1997. I also find that the preliminary discussions included the commitment from DIAND that if a<br />
mill were built that a sufficient long-term supply of fibre would be made available.<br />
[343] In the first joint venture agreement, LPL’s contributions to the joint venture included<br />
“bringing the Project to the Corporation”, $625,000 cash, the mill site and any additional<br />
capitalization. The contribution of 391605 B.C. Ltd. included the supply and installation of sawmill<br />
equipment and the services of Mr. Spencer and Mr. Cliff Harrison for five months “to supply<br />
management training and marketing consultation.”<br />
[344] The services of Mr. Spencer and Mr. Harrison were provided under the terms of a separate<br />
management agreement for five months. This management agreement was schedule “C” to the<br />
joint venture agreement. It was signed on January 30, 1998.
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