1. My name is Lawrence Edward Smith and I reside at 1216 Beverley Blvd. SW, Calgary, Alberta. I prepared the "Expert Report of Lawrence E. Smith, Q.C." ("Smith First Report") filed previously in these proceedings. In connection with my preparation of this Rejoinder Expert Report ("Rejoinder Report"), I have reviewed the Claimants' Reply Memorial, the Supplemental Witness Statement of Paul Buxton, the Reply Expert Report of David Estrin ("Estrin Reply") and the Expert Report of T. Murray Rankin, Q.C. ("Rankin Report").

A. PURPOSE OF THIS REPORT

2. As explained in my First Report, I was asked by the Government of Canada for my opinion as to the reasonableness of the treatment afforded Bilcon in the environmental assessment ("EA") of the proposed Whites Point Project based on my experience as an EA practitioner in Canada; and as to whether it was discriminatory or appeared to lack fairness as compared to the EAs of other developments in Canada and, in particular, in Nova Scotia. In this regard, I have considered the Claimants' materials identified in paragraph 1 above, and I provide my response to these materials in this Rejoinder Report.

B. EXECUTIVE SUMMARY

3. I have organized my Rejoinder Report to comment on each of the five parts of the Estrin Reply, and where appropriate, to provide comments on the opinions offered by Mr. Rankin as well.