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Tracy C.

Kapoustin #1
August 29, 2009

FORM 60 (RULE 51 (2) AND (6))

No. S004040



I, Tracy Coburn Kapoustin, of 298 South Beach Drive, Penticton, British Columbia,

1. I am the guardian ad litem and natural mother for the minor Nicholas Kapoustin, a
Plaintiff in the above captioned cause of action and together with his natural father,
the Plaintiff Michael Kapoustin, have on behalf of our son brought a personal
injury and loss of inheritance and support claim against the Defendant, Republic of
Bulgaria (the “Defendant”) and others (the “Defendants”).
2. I and the Plaintiff Michael Kapoustin have been married 14 years and our family
has been, throughout that time, and continues to be permanently resident in the
province of British Columbia and are therefore lawful resource users in the above
captioned law suit. As a result I have direct personal knowledge of those certain
facts and circumstances setout below, knowing them to be true or where so stated
believing them to be true to the best of my personal information, knowledge and
3. I do verily believe, on my best information, that the acts of the Defendant in or
connected to the province are unlawful and the Defendant is directly or vicariously
responsible for the catastrophic nature of the person injuries and loss sustained by
my son Nicholas Kapoustin and is as such liable for the affects that injury may
have on his life expectancy, emotional well being and loss of future inheritances
and income.

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4. That on my best information and belief I do verily know it to be true that my son,
the Plaintiff Nicholas Kapoustin was directly identified by the Defendant to my
husband, the Plaintiff Michael Kapoustin, as the object of its threats and possible
physical attacks when the Defendant interrogated my husband as to the
whereabouts and disposition of some $16,000,000 United States Dollars and other
assets alleged by the Defendant to be in the province and the product of joint or
other commercial activities of the Defendant with my husband.
5. On my best information and belief a fair and equal hearing of all the parties and
examination of all the facts and evidence at trial will established that the
Defendant, Republic of Bulgaria, is vicariously, if not directly, the cause for the
permanent personal injury, pain and suffering of my son, the Plaintiff Nicholas
Kapoustin. The exact cause and nature of his injuries and loss to be established at
trial on the testimony of medical and other experts before a jury and judge of
competent jurisdiction in the province. The time and date to be fixed by this
Honorable Court.
6. It is on my best information and belief after having consulted with medical experts
and reading numerous articles I do verily believe it to be true that the physical and
emotional injuries caused my son resulted over a period of years and are the
inevitable consequences of acts by the Defendant and those others named.
7. That the Defendant continues to persist in directly and vicariously effecting such
acts that are deeply humiliating, disturbing and harmful to the physical and
emotional well being and development of my son, whose persistent ill health and
deep depression are, on my best information and belief, a result of the Defendant’s
unlawful conduct, tortious acts, abuses of official process, intentional errors and
omissions and attempted extortion of money asked from family members and
friends in exchange for offers of ending the mental and physical torment of my son
and his father.
8. I am also a Plaintiff in the above captioned cause of action, and have brought, on
my own behalf a claim for personal injury and loss of property and support
resulting from acts by the Defendant and the others named.
9. I have and continue to experience deep emotional and physical anxiety over the
personal injury caused my son by the Defendant and am in constant anguish over
my utter helplessness in the past and at the present moment to end or relieve my
son’s sorrow and pain. And the Defendant still persists in acts connected to my son
and I in the province that I do verily believe to be unlawful, abusive, unreasonable,
cruel, and inhuman. Such acts further aggravating and adding to the personal injury,
damages and losses my son and I have already wrongly sustained.
10. That my persistent emotional trauma and unstable health is as a direct result of
what I do verily believe to be the utterly unreasonable and abusive conduct of the
Defendant and the unlawful and often cruel and inhuman acts that it continues to
inflict on myself and my family.

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11. As a result of the aforestated, I am unable to attend the July 13th 2001 hearing fixed
by the Defendant before this Honorable Court. My son’s need for constant medical
supervision and care takes precedent over the need of the Defendant who persists in
its wrongful and abusive acts and threats against my husband, my son and I.
12. That my son and my emotional and physical health as aforestated does further
preclude my personally attending any hearing in the absence of my husband and the
facts and evidence collected by him and that he is able to present to this Honorable
Court. The Plaintiff Nicholas Kapoustin and I are unable to stand-alone and be
subjected to any further defamation, slander and other falsehoods as intentionally
manufactured by the Defendant to deliberately cause us further personal injury and
13. It is a fact that I know to be true that my husband has invested substantial sums of
our joint money and property in commercial activities promoted by the Defendant
in or connected to the province and has done so as a result of the oral and written
promises of the Defendant.
14. On my best information and belief many friends, family, and business
acquaintances in the province were influenced by the Defendant to invest money,
property, and time in or connected to the province and the Defendant’s commercial
15. That on my best information and belief the Defendant has unlawfully and without
adequate cause breached its’ contractual obligations and promised and has
unlawfully converted for its own use and benefit our property and other assets to
which my son and I have a lawful interest as devolved to us by a function of law.
16. That as a result of the personal injury caused by the Defendant I do not have the
necessary disposal financial resources or income required to retain legal consul to
represent my son or my own lawful interests as litigants before this Honorable
Court, my son and I forced by the circumstance to rely on the Plaintiff Michael
Kapoustin as a husband and father to represent those interests as best he can.

SWORN BEFORE a commissioner for taking affidavits this June ……….. 2001 in the city
of Penticton, Province of British Columbia. My commission expires on:

Mrs. Tracy Coburn Kapoustin

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