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 DR. G. MARK RICHARDSON Sworn January 14, 2002

I, G. MARK RICHARDSON, of the City of Ottawa, in the Regional Municipality of Ottawa-Carleton, MAKE OATH AND SAY:

1.

I am a human health risk assessor, 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.

Background and Qualifications 2. I am the former Head of Health Canada=s Air and Waste Section, the federal government department that amongst other activities, analyses and assesses substances identified as potentially toxic under the Canadian Environmental Protection Act.

3.

In 1995 I retired from this position. Since then I have worked in private practice as a human health risk assessor.

4.

I am now routinely retained to conduct community wide risk assessments and to provide other risk assessment services to the Government of Canada, provincial governments (including the Government of Ontario) and industry.

5.

My recent work includes human health risk assessments for Canadian soldiers stationed in Croatia, Kosovo and Banja Luka; the assessment of human and ecological risks posed by what is considered to be the worst-ever mine tailings disaster in Europe (a spill that devastated approximately 40 km of the Rio Agrio and Rio Guadiamar in Spain); human health risk assessments on behalf of provincial regulators in Wawa, Ontario and Yellowknife N.W.T. related to historic ore roasting operations in those communities; and participating on behalf of the Government of Canada in the peer review of and recommendation of improvements to the human health risk assessment for the Sydney Tar Ponds, Cape Breton, Nova Scotia. Attached and marked as Exhibit A is a copy of my curriculum vitae.

Contamination in Port Colborne 6. In March of 2001, I was retained to assist with a proposed class action lawsuit related to contamination in Port Colborne, Ontario caused by the operation of a refinery owned and operated by Inco Limited (the Refinery).

7.

Since being retained, over the past 10 months I spent more than 130 hours on matters related to this file and have reviewed extensive documentation, much of which has been produced by the Ontario Ministry of the Environment regarding elevated levels of contamination in Port Colborne.

8.

As a result of this work, I am aware that elevated levels of Arsenic, Chlorine, Cobalt, Copper, Lead, Nickel including oxidic nickel, and Zinc (the "Contaminants of Concern"), exist in the area inhabited or occupied by the proposed class (the Class).

9.

As part of my research, I have also reviewed a wide variety of data and resources regarding the effects of exposure to the Contaminants of Concern. From this research I, in conjunction with legal counsel for the plaintiff, have prepared a Summary of Health and Phytotoxic Effects for arsenic, chlorine, cobalt, copper, lead nickel (including oxidic nickel) and zinc, which is attached and marked as Exhibit B (the Summary).

10.

The phytotoxic effects portion of the Summary is drawn from a variety of sources. The health effects portion of the Summary is drawn primarily from information collected by the
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Agency for Toxic Substances and Disease Registry (ATSDR) in Atlanta, Georgia. I believe that the Summary accurately reflects known health and phytotoxic effects related to exposure to the Contaminants of Concern.

11.

Based on the elevated levels of the Contaminants of Concern found in the area inhabited or occupied by the Class, members of the Class have a greater probability (risk) of exhibiting these effects, and will continue to have a greater probability of exhibiting these effects than do an unexposed population.

12.

Knowing what is already known regarding the extent of contamination in Port Colborne, it would also be possible for a clinical epidemiologist to provide reasonable estimates of the number of Class members who have likely suffered the specific effects set out in Exhibit B.

13.

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

SWORN BEFORE ME at the City of Ottawa, this 14th day of January, 2002

) ) ) ) ) G. MARK

RICHARDSON, Ph.D. ) A commissioner etc. )

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