Court file no.

: 12023 /01

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN: WILFRED ROBERT PEARSON Plaintiff - and INCO LIMITED, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, 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 AFFIDAVIT OF JOSEPH GRIGNANO Sworn January 17, 2002

I, JOSEPH GRIGNANO, of the City of Toronto, MAKE OATH AND SAY:

1.

I am an associate with the law firm Daoust Vukovich Baker-Sigal Banka LLP, solicitors for the plaintiff, and as such I have knowledge of the matters to which I herein depose, save and except where I have been advised of the same, in which case I believe such information to be true.

2.

Attached and marked as Exhibit A is a copy of the fresh as amended statement of claim in

this action;

3.

Attached and marked as Exhibit B is a copy of the fresh as amended reply to demand for particulars of the defendant Inco Limited.

4.

Attached and marked as Exhibit C is a copy of the fresh as amended reply to demand for particulars of the defendant Her Majesty the Queen in right of Ontario.

5.

Attached and marked as Exhibit D is a copy of the fresh as amended reply to demand for particulars of the defendant the Regional Municipality of Niagara.

6.

Attached and marked as Exhibit E is a copy of the reply to demand for particulars of the defendant the Corporation of the City of Port Colborne.

7.

Attached and marked as Exhibit F is a copy of the affidavit of Lynne McArdle sworn October 18, 2001, (HMQs Motion for Particulars returnable November 6, 2001).

8.

Attached and marked as Exhibit G is a copy of the affidavit of Melissa Barnet sworn October 25, 2001, (Inco Limiteds Motion for Particulars returnable November 6, 2001).

9.

Attached and marked as Exhibit H is copy of the affidavit of Wolfgang Kaufmann sworn

September 27, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

10.

Attached and marked as Exhibit I is copy of the supplementary affidavit of Wolfgang Kaufmann sworn November 9, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

11.

Attached and marked as Exhibit J is copy of the affidavit of Joseph Starkman sworn October 29, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

12.

Attached and marked as Exhibit K is copy of the affidavit of Paul Nieweglowski sworn October 31, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

13.

Attached and marked as Exhibit L is a copy of the transcript of the cross-examination of Dr. Bruce Conard conducted on November 12, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

14.

Attached and marked as Exhibit M is a copy of the transcript of the cross-examination of Paul Nieweglowski conducted on November 15, 2001 (Plaintiffs Section 12 CPA Motion returnable December 4, 2001).

15.

Attached and marked as Exhibit N is a copy of the transcript of the cross-examination of Wolfgang Kaufmann conducted on November 16, 2001 (Plaintiffs Section 12 CPA Motion
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returnable December 4, 2001).

16.

On the plaintiffs motion for certification, the plaintiff will also refer to the exhibits and answers to undertakings referenced in the foregoing affidavits and transcripts. These exhibits and answers to undertakings are found in the following materials, all of which have previously been filed with the Court: 1. Motion Record of Her Majesty the Queen in right of Ontario filed on HMQs Motion for Particulars (identified as Motion Record, Volumes I, II, III and IV)(Tab 8, Volume II, Affidavit of Lynne McArdle). Motion Record of the Defendant Inco Limited (Motion for Particulars), Volumes 1 and 2 (Tab 6, Volume 1, Affidavit of Melissa Barnett). Motion Record of the plaintiff filed on the plaintiffs Section 12 CPA motion (identified as Motion Record)(Tab 2, Affidavit of Wolfgang Kaufmann). Responding Motion Record of the Defendant Inco Limited (Plaintiffs Motion Regarding Indoor Sampling) (Tab 1, Affidavit of Joseph Starkman). Motion Record of Her Majesty the Queen in right of Ontario filed on the plaintiffs motion regarding indoor sampling (identified as Motion Record of the Respondent Her Majesty the Queen in right of Ontario)(Tab 1, Affidavit of Paul Nieweglowski). Joint Compendium of Exhibits and Answers to Undertakings (Plaintiffs Motion Regarding Indoor Sampling), Volumes 1 and 2.

2. 3. 4. 5.

6.

17.

Attached and marked as Exhibit O is a copy the Technical Scope of Work Community Based Risk Assessment Plan for Port Colborne, Project No. 33826 prepared for Inco Limited by Jacques Whitford Environment Limited, dated November 30, 2000.

18.

Attached and marked as Exhibit P is a copy of the Department of Operational & Planning and Development Planning & Development Services Division - Directors Report - 2000-43 of the City of Port Colborne re: Further recommended Changes to the Terms of Reference of the Public Liaison Committee for Soils Contamination in Port Colborne, dated December 18, 2000.

19.

Attached and marked as Exhibit Q is a copy of a newspaper article from the St. Catharines Standard, January 5, 2002 entitled Cancer Fears Spur Health Study. Attached and marked as Exhibit R is a copy of correspondence from Inco Limited, Medcan Health Management Inc. and the United Steel Workers of America, District 6 (undated).

20.

Attached and marked as Exhibit S is copy of a Ministry of Environment report entitled Investigation of Soil Contamination at 87 Rodney Street, Port Colborne dated July 24, 2001.

21.

Attached and marked as Exhibit T is a copy the Port Colborne Refinery Closure Plan, Part I of II, Inco Limited Ontario - Division, received February 28, 2001.

22.

I make this affidavit in support of the plaintiffs motion for certification and for no improper purpose.

SWORN BEFORE ME at the City of Toronto, this 17th

) )
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day of January, 2002

) ) )

JOSEPH GRIGNANO ) A commissioner etc. )