Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 97
evidence, which is consistent with the documentary evidence, that the mill did in fact shut down
operations due to a lack of timber supply to the mill.
[383] The main concern of SYFC was in obtaining sufficient timber and in that regard, there were
continuing communications and meetings with the Department. Mr. Heit participated in some of
those meetings. He testified that in the beginning he understood that the process for obtaining a
2010 FC 495 (CanLII)
THA may take “upwards of a year”; that time-line was later extended.
E. 1999
[384] Timber supply was critical in January 1999. The mill had closed in December 1998. As the
Plaintiffs were increasingly concerned, they continued contacting the Department in Whitehorse,
seeking assurances that a continual supply of timber would be made available to them, in the
required amount of 200,000 m 3 a year.
[385] A new joint venture was formalized by a joint venture agreement (the “second joint venture
agreement”) with an effective date of January 1, 1999. This agreement is Exhibit D-81, Tab 418.
This agreement superseded the previous agreement. By this time the joint venturers had changed
and 391605 B.C. Ltd. was no longer a party to the agreement. This agreement was made between
LPL, Nechako Construction Ltd. (“Nechako”) and SYFC. Mr. Fehr testified that Nechako is a
related corporation within the B.I.D. Group.