Court File No.

12023/01 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: WILFRED ROBERT PEARSON Plaintiff - and INCO LIMITED, THE CORPORATION OF THE CITY OF PORT COLBORNE, THE REGIONAL MUNICIPALITY OF NIAGARA, THE DISTRICT SCHOOL BOARD OF NIAGARA, and THE NIAGARA CATHOLIC DISTRICT SCHOOL BOARD Defendants Proceeding under the Class Proceedings Act, 1992 AFFIDAVIT OF PAUL DAYBOLL (Sworn April , 2002) I, PAUL DAYBOLL, of the City of Port Colborne, in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS: 1. I am a resident of the City of Port Colborne and a member of the Public Liaison

Committee (hereinafter PLC) attached to the CBRA process. As such, I have knowledge of the matters to which I hereinafter depose. The Members of the Public Liaison Committee 2. I am employed by Niagara College, where I am a professor of journalism and post-

graduate public relations and multi-media studies in the School of Media and Design. 3. I was appointed to the PLC by the Council of the Corporation of the City of Port

Colborne (hereinafter the City) in early 2000.

-24. The other 6 members of the PLC, all of whom were also appointed by City Council, With the

come from varying backgrounds to reflect wide-ranging community interests.

exception of one of the members (Rose Bisson), 6 out of 7 (including myself) are original members appointed by City Council in early 2000. At the outset, there was an eighth PLC member. However, that individual withdrew from the committee after the first or second

meeting for personal reasons. My Response to the Affidavit of Ellen Smith 5. I have reviewed the affidavit of Ellen Smith, sworn April 9, 2002 in support of the

Plaintiffs motion for certification. I verily believe that there are several inaccuracies in her affidavit and, furthermore, I disagree with many of her criticisms of the PLC and CBRA process. I do not believe her views reflect those of the community at large in Port Colborne. 6. First, I disagree that any delays in the CBRA have been an impediment to the process or

should be viewed as a reflection of a flawed process. On the contrary, I believe that such delays are a testament to the vigilance of the PLC and its consultant, Beak International (hereinafter Beak), in participating in and overseeing the CBRA on behalf of the community, including the PLCs active participation in the formulation of the Technical Scope of Work and investigation of Chemicals of Concern. I also believe that the timetable has been largely dictated by the amount of debate, scientific and otherwise, between the PLC and its consultant and the other stakeholders in the CBRA process. This is a positive indication, in my view, of the important ongoing dialogue between all stakeholders to come up with the best process for a solution to environmental contamination concerns in Port Colborne.

-37. I also disagree with Ms. Smiths statement that the public does not have access to the

PLC. On the contrary, PLC meetings are held in public, with Ms. Smith and any other interested members of the community being free to attend. Prior to each PLC meeting, a notice is placed in the local newspaper, with the details of the upcoming meeting and its agenda. In so doing, the PLC invites community members to request a delegation if they would like to make a presentation at the meeting. All PLC meetings are followed by a lengthy question and answer period. The meetings themselves are usually scheduled for 7:00 p.m. and have often been extended to as late as 11:00 p.m. or midnight to allow members of the community to ask questions and voice their concerns. In addition, it is not unusual at all for the public to contact PLC members at home or to approach them on the street for further discussion on the CBRA. 8. Separate and apart from the PLC meetings, the PLC has sponsored several drop-in

centres and update meetings to allow for community comment. There have also been a number of drop-in forums, where members of the public have been invited to attend and speak directly to the various consultants involved in the CBRA, including Beak. 9. I acknowledge that the public is not entitled to ask questions during meetings of the

Technical Sub-Committee (hereinafter TSC) of the PLC, although the public is permitted to attend. The PLC, as members of the TSC, can and do ask questions and voice public concerns. I believe that by conducting the technical meetings in this fashion, the process continues to be accessible and fully transparent to the public. However, it allows the experts to make substantive progress on highly technical issues, from which recommendations are made to the PLC for discussion in the fully public forum of a PLC meeting. It also allows the community an opportunity to more fully understand the issues by observing TSC members discussing the specific technical details at length. All members of the public are at liberty and encouraged to discuss specific technical matters with any TSC member after the meeting or to forward their comments to the TSC member after the meeting.

-410. All major decisions of the PLC are made in a forum that is open to the public and with

public input, both from the PLC members themselves, who represent the interests of the community, and from the input of attendees at PLC meetings who are free to voice their questions and concerns regarding the CBRA. Indeed, the PLC has insisted that all major aspects of the CBRA go through a Community Input Session prior to being brought to the PLC. This is a drop-in centre (allowing for one on one meetings with the various consultants), followed by a formal presentation and question and answer period from any and all community members who wish to participate. Such events were recently held to discuss CoCs and PVS. 11. Contrary to Ms. Smiths assertion, key reports related to the CBRA process are available

in the public library. The PLC makes every effort to ensure that materials are available to the public as soon as possible following PLC meetings. PLC minutes are available on the Citys website. 12. I believe that community participation has been a key component in the PLC process

from its inception. I resent Ms. Smiths assertion that the PLC is controlled by Inco and the MOE. As a voting member on the PLC, I take my role very seriously and feel that I, along with my fellow committee members, have a crucial role to play in the CBRA. I feel that my contributions are important and taken seriously by the other stakeholders in the CBRA, and that the CBRA provides me with a process to effectively communicate not only my concerns but those of the community whom I represent as a member of the PLC. 13. I have confidence in Beak as the PLCs consultant and believe that Beak has been

diligent in its efforts to provide the PLC with the best science possible for developing a solution through the CBRA to environmental contamination in Port Colborne relating to Inco emissions in the community. In my view, Beak has brought forward the level of advice and technical strength appropriate to all aspects of the CBRA, through its commitment to quality and proper science and to the development of scientifically defensible and credible protocols and workplans. 14. As a committed member of the PLC involved in the CBRA since the creation of the PLC,

I verily believe that the CBRA is making steady progress and will continue to provide an effective and workable process for developing a solution to environmental contamination concerns in Port Colborne.

-515. I make this affidavit in response to the affidavit of Ellen Smith and for no other or

improper purpose. SWORN BEFORE ME at the City of Port Colborne, in the Province of Ontario on April , 2002. Paul Dayboll Commissioner for Taking Affidavits

-6-

WILFRED ROBERT PEARSON Plaintiff

and

INCO et al Defendants

Court File No: 12023/01

ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at Welland

AFFIDAVIT OF PAUL DAYBOLL

STIEBER BERLACH GIBBS 130 Adelaide Street West, Suite 900 Toronto, Ontario M5H 3P5 Michelle Brodey LSUC# A037015R Tel: (416) 366-1400 Fax: (416) 366-1466 Solicitors for the Defendant, The Corporation of the City of Port Colborne