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

Proceeding under the Class Proceedings Act, 1992

AFFIDAVIT OF LYNNE MCARDLE

I, LYNNE MCARDLE, of the City of Toronto, Province of Ontario, solicitor,

MAKE OATH AND SAY AS FOLLOWS:

1. I am a solicitor with the Crown Law Office-Civil of the Ministry of the Attorney General, the office

acting on behalf of the defendant Her Majesty the Queen in Right of Ontario (the “Crown”) in

this action. In that capacity, I have been assisting Jack Coop and Dennis Brown, the solicitors

having primary carriage of this matter. As a result of my involvement with this matter and my

review of the file, I have knowledge of the matters to which I hereinafter depose.

2. On January 16, 2002, Mr. Coop sent a letter to Eric Gillespie, solicitor for the plaintiff, outlining Mr.

Coop’s concerns regarding Mr. Gillespie’s contact with former employees of the Ministry of the

Environment. A copy of this letter is attached as Exhibit A to this affidavit.

3. On or about January 21, 2002, Mr. Coop received a response from Mr. Gillespie to the letter of

January 16, 2002. A copy of the January 21, 2002 letter is attached as Exhibit B to this

affidavit.

4. I swear this affidavit in response to the certification motion of the plaintiff dated January 17, 2002

and for no improper purpose.

SWORN before me at the City of ) Toronto, in the Province of Ontario, ) this 3rd day of April, 2002 ) ________________________

LYNNE MCARDLE ______________________________ A Commissioner, etc.