1.3.It is submitted to this Honorable Court’s consideration that the granting, at thistime, of Petitioner’s motion for a hearing would deny the Respondents, as lawfulresource users, their right to due process and the exercise of their legal rights aslitigants in the province. The rendering of justice becomes doubtful as a result.1.4.Petitioner’s dependence on Rule 65, Rules of the Court, is inappropriate andcontributes further to placing Respondents under a legal disability. Reliance onthis chambers pilot project is not proper as it does not provide all the Plaintiffs or interested party as intervener an adequate forum for a full display of the factsnecessary for a fair and comprehensive hearing of the controversy at issue or thoserequired to proceed on hearing on a complex point of international and nationallaw.1.5.Further the Defendant, Republic of Bulgaria, Muravei Radev Minister Of Finance,is responsible for placing all parties of record and the Respondents under a legaldisability. This arises from a written direction to officials of the Defendant’sCentral Authority, the Ministry of Justice, that in matters pertaining only to thePlaintiffs, its officials are not to observe their national law or the relevantenactment for service of foreign judicial or extrajudicial documents on theterritory of the Republic of Bulgaria.1.6.This Honorable Court should not grant any relief sought by the Petitioner whilethe Defendant, Republic of Bulgaria, Muravei Radev Minister Of Finance,knowingly persists in violating provisions of the Defendant’s national law andrelevant international treaties. Defendant, Republic of Bulgaria, Muravei RadevMinister Of Finance should first remove any cause and end whatever conduct of those officials of its agencies or instrumentalities who are responsible for obstructing the Plaintiffs and the Respondents from the full and adequate exerciseof their legal rights as litigants. The Petitioner thereby satisfying the requirementof relevant Canadian and international law.1.7.That it is impossible, in the time fixed by provisions of subrule 65(13), Rules of the Court, as relied upon by the Petitioner, to fully and fairly lay before thisHonorable Court all the information necessary to enable it a proper assessment of Plaintiffs claims that this Honorable Courts jurisdiction is proper and just over theDefendant, Republic of Bulgaria, Muravei Radev, Minister Of Finance in theabove entitled proceeding.1.8.That further, the time fixed and relied upon by the Petitioner does not provideRespondents sufficient opportunity to submit adequate evidence to this HonorableCourt to permit it an objective assessment of why the request for immunity byDefendant, Republic of Bulgaria, Muravei Radev Minister Of Finance, is withoutlegal merit.1.9.That the alternative relief requested by the Defendant, Republic of Bulgaria,Muravei Radev Minister Of Finance, to have this Honorable Court decline its jurisdiction is further without legal cause or factual merit. The material facts anddocuments available overwhelmingly support both the principle of original or alternatively supplemental jurisdiction of this Honorable Court over thecontroversy in that the above entitled action.1.10.That, given adequate time by this Honorable Court, Respondents are able toassemble sufficient evidence of property loss, breeches of contract, personal injuryand other tortious acts suffered in the province as a direct or vicarious result of theDefendant, Republic of Bulgaria, Muravei Radev Minister Of Finance.
/opt/scribd/conversion/tmp/scratch1/21517096.doc08/29/09Created by M. Kapoustin