The primary purpose of this report is to reply to specific aspects of the December 7, 2011 Expert Report of Lawrence E. Smith, Q.C. (the “Smith Report”). The Smith Report provided comments on the treatment received by Bilcon in the environmental assessment (“EA”) of the proposed Whites Point Quarry (“WPQ”) project and also addressed in detail many of the points I raised in my July 8, 2011 Expert Report (the “First Report”).

My First Report speaks for itself and I do not wish to repeat myself here. Nor do I think it would be helpful to reply to each and every point made by Mr. Smith in his lengthy report. However, certain items merit a reply.

In addition, this Reply Report addresses certain portions of Canada’s affidavits and counter-memorial (filed after my First Report was completed), and documents produced by Canada that were made available to me after I filed my First Report, where these bear on specific matters or opinions I raised in my First Report.