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FORM 60 (RULE 51)M. KapoustinAffidavit No. 15Date July 9
th
20001 No. S004040VANCOUVER REGISTRY
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
TRACY KAPOUSTIN, NICHOLAS KAPOUSTIN BY HIS GUARDIAN AD LITEMTRACY KAPOUSTIN AND MICHAEL KAPOUSTIN
PLAINTIFFS
AND:THE HONOURABLE MURAVEI RADEVMINISTER OF FINANCEIN HIS OFFICIAL CAPACITYFOR REPUBLIC OF BULGARIA,
DEFENDANT
AndSTEFCHO GEORGIEV, MARIO STOYANOV, EMILIA MITKOVA, KINA DIMITROVA,IVETA ANADOLSKA, DIMITAR SHACKLE andDEREK A. DOORNBOS,
INDIVIDUAL DEFENDANTSAND:
MICHAEL KAPOUSTIN
RESPONDENT
AFFIDAVIT
I,
MICHAEL KAPOUSTIN, the Respondent, am a citizen of Canada having a permanent placeof residence in the province of British Columbia, and one of the Plaintiffs
in the two above-captioned proceedings. As such I have personal knowledge of the facts andcircumstances attested to here by me as set out below, WHEREFORE I DO MAKEOATH AND SAY AS FOLLOWS:That the subject matter of this, my sworn affidavit may summarised and indexed for theconvenience of the Court as follows:
The facts, the admission of which is requested are:...............................................................................34
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.A That Defendant Has The Records Concerning the Above Entitled Proceeding. ...................................34
.I Defendant, the Republic of Bulgaria ("Defendant" or "Defendant Bulgaria") had in October of 1995 seized from the Plaintiffs their personal and corporate records, including all judicial andextrajudicial documents. That these remain in possession of the Defendant Bulgaria and a part of its official records. The documents possed by the Defendant chronicle all the facts, the admissionof which is sought here. The documents form the basis of the controversies at issue in the above-entitled proceeding............................................................................................................................34
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.B That Defendant As A Practice Engaged In Commercial Activities........................................................34
.I The Defendant Bulgaria's activity in the Province, as connected to the Plaintiffs, involved a jointcommercial activity to develop, produce, and distribute clinical drugs or homeopathic compoundsin the Province. Some products intended to be suitable for the therapy of HIV/AIDS [see §D and§Ebelow] and Cancer in or connected to the Province. ...................................................................34
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