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 CHARLES V. MILLER (Sworn April , 2002) I, CHARLES V. MILLER, of the Town of Pelham, in the Province of Ontario, MAKE OATH AND SAY AS FOLLOWS: 1. I have been employed by the Defendant, The Corporation of the City of Port Colborne

(hereinafter the City), for the past 17 years. I held the position of Director of Planning for the first 16 years of my employment. For the last year, I have held the position of Manager of Strategic Projects. As such, I have knowledge of the matters to which I hereinafter depose. 2. In the late 1990s, Inco Limited (hereinafter Inco) and the Ontario Ministry of

Environment (hereinafter MOE) developed a strategy to study the risks posed by nickel and other metals in Port Colborne, resulting in a process known as the Community Based Risk Assessment (hereinafter CBRA).

-23. To avoid any unnecessary duplication in this my affidavit, I have reviewed the affidavit

of Dr. Bruce Conard, sworn March 21, 2002, particularly paragraphs 78-96 relating to the CBRA process. I agree in principle with the purpose and benefits of the CBRA as set out in his affidavit. However, I have some comments with respect to Dr. Conards account of the history of the CBRA insofar as it relates to the City, as well as his description of the Citys involvement in the CBRA process. 4. In particular, I verily believe that it was in or about October 1997, when the MOE, in

response to a request for comments in relation to draft official plan policies submitted to the MOE by me as Director of Planning, first notified me that properties with elevated levels of nickel, copper and cobalt should be treated as contaminated lands and requiring assessment and remediation prior to any development. 5. The City immediately sought the advice of the MOE with respect to the issues raised

relating to soil contamination. As a result, the City was asked to join discussions between the MOE and Inco, which I understood were already ongoing. Although the City became involved in those discussions with Inco and the MOE, it did not initiate the CBRA process. The CBRA process was proposed by Inco. In March 2000, the City endorsed, in principle, the CBRA process. The City is not actively involved in the CBRA. However, a committee appointed by the City Council, the Public Liaison Committee (hereinafter PLC), is an active participant. 6. Also in 2000, at the request of the MOE, City Council established the PLC attached to the

CBRA, representing the interests of the community at large. The PLCs role includes, inter alia, soliciting public input and informing the public, monitoring the progress of the CBRA, and providing input to Inco and the MOE, with the expert advice of the PLCs consultant, Beak International, relating to the technical scope of work and overall conduct of the CBRA process. 7. The PLC has actively participated in the CBRA since its inception, with the Citys

administrative support (which includes, inter alia, the provision of a non-voting City representative to the PLC). I am the non-voting City representative on the PLC.

-38. With ongoing involvement and support from Inco, the MOE, the Regional Municipality

of Niagaras Public Health Department, and the community at large through the PLC, I verily believe that the co-operative CBRA process will continue to provide an effective and workable process for developing a solution to environmental contamination relating to Inco emissions in the community. 9. I make this affidavit in opposition to the Plaintiffs motion for certification and for no

other or improper purpose. SWORN BEFORE ME at the City of Port Colborne, in the Province of Ontario on April , 2002. Charles V. Miller Commissioner for Taking Affidavits

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 CHARLES V. MILLER

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

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