Court of Appeal File No.___________ Court of Appeal Registry Vancouver Supreme Court File NO.

S004040 Supreme Court Registry Vancouver Affidavit No. 15 Michael Kapoustin In the British Columbia of Appeal Court (The Supreme Court of British Columbia) Between MICHAEL KAPOUSTIN et al Appellants (Plaintiffs) And REPUBLIC OF BULGARIA et al Respondents (Defendants) And Court of Appeal File No.___________ Court of Appeal Registry Vancouver Supreme Court File NO. S005440 Supreme Court Registry Vancouver In the British Columbia of Appeal Court (The Supreme Court of British Columbia) Between Michael Kapoustin and LifeChoice International A.D. et al, and other similarly situated Appellants (Plaintiffs) And REPUBLIC OF BULGARIA et al Respondents (Defendants)

I, Michael Kapoustin, my current mailing address in c/o 298 South Beach Drive, Penticton, British Columbia V2A 3W3 Canada my present address and address for service is currently, as an inmate c/o the Ministry of Justice Republic of Bulgaria to the Sofia Central Prison, 21, "Stoletov" St., 1309 Sofia, Republic of Bulgaria, I MAKE OATH UNDER THE LAWS OF BRITISH COLUMBIA AND SAY AS FOLLOWS:

Part I. 1. 2. 3.

I am the Applicant herein. I make this Affidavit in support of my application for an Order to extend the time to file and serve notice of application for leave to appeal. I have no reason to believe that the respondents/defendants in either of the two above captions actions will in anyway be disadvantaged, and know it to be true that the Respondent/Defendant Government of the Republic of Bulgaria [as it then was prior to August 2001] is, by its very conduct, the principal cause of my need to extend the time and to make appeal to this Court. The reasons are as follows. I am a Canadian citizen who under pre-trial arrest since 7 February, 1996 in a penitentiary facility of the Defendant Republic of Bulgaria. This 6 year detention as imposed by the Defendant is without benefit of final sentence or speedy trial standards recognised by international law as to what may be deemed reasonable, it is therefore unreasonable as has been the conduct of the Defendant in these proceedings. I make averment to this fact since my detention and the conditions of that detention are material to my need for and does directly influence the extension of time required from Court of Appeal. It is a fact, ascertainable from third party observers and their affidavits given in evidence in these proceedings and from the written declaration of the Minister of Justice of the Defendant, Mr. Dimitar Tonchev [as he then was], that I am individually and specially hindered by officials of the Defendant Government of Bulgaria, agencies or instrumentalities, in my efforts in the timely preparation and filing of motions, requests or pleadings generally when I attempt to do so through the only agency available to me, that of my translator Ms. Marianna Radoulova. These obstructions are, according to foresaid written declaration of the Defendant deputy Minister of Justice, the consequence of a practice that may be summarised as follow; that once the accused or defendant in a penal proceeding is incarcerated to await trail he or she is, as a result, has no or only very limited fundamental and civil rights in the pursuit of their right to access international justice. The foresaid reasoning of the Defendant, to deny fundamental civil rights to incarcerated persons and its conduct, makes difficult, if not impossible, for me to comply with the procedural requirements of this Honourable Court in the regular way and within the time normally fixed by the rules. I am further unable to file by regular the means or be provided service pursuant to any method other than in that prescribed by the statute to be found in the Hague Convention on the foreign service of documents, including diplomatic channels of Canada's Ministry of Foreign Affairs. The regular methods are closed to me. On account of which I plead for this extension. While it is immaterial to my request to the Court of Appeal, it should still be mentioned as an extenuating circumstance, that when attempting to secure my rights as guaranteed by international and Canadian law [and in principle, not practice, Bulgarian Constitutional Law] I have been at different times, in the worst case placed in isolation and beaten by officials of the Defendant as documented in news reports, and in the least invasive instances had my gains in fundamental human and civil rights removed. As a result I exist in a constant state of anxiety and fear as I seek to exercise my legal rights as a Canadian citizen before Canada's courts. After having said the foregoing I do wish to provide to my statement one caveat. There are individual officials in administrative and political positions within the Defendant Government of Bulgaria whose concerns on issues of fundamental human and civil rights are equal to those of my own. It is only, as a result of their help and the intervention of the Government of






Canada, together with the vicarious affects of the proceedings brought by my family and investors in Canada before Canadian courts, that I have been afforded even the smallest opportunity to plead and give evidence, for the time being and at present only in writing. This will continue if there is a consensus among the parties that the comity of democratic nations requires mutual respect for the rights of litigants in the reality of today mobile society and economics. 9. I rely on the Justice of the Court of Appeal to understand and accept the circumstances as they and to exercise the formidable powers of the Court and to secure for me the time and allow me the use of facilities, such as electronic filings, to present my case before it and the court before. The latter instance causing me to bring my appeal in the nature of certiorari or mandamus to secure me such equal rights as are possible due to my poverty and circumstances. In closing I ask the Court of Appeal to insure that service or notice will be provided directly to me in the Republic of Bulgaria at the address for service, fax and E-mail I have provided and with allowances for sufficient time when considering the possible obstructions or other interference by the Respondent/Defendant that I may be forced to overcome. I provide, in Part II, a chronology of material facts relevant to my appeal should this Court grant me leave. The difficulty of securing Canadian Consular Affairs attendance to certify my signature gives me cause to provide these facts now rather than later, I therefore provide attached hereto Part II, A Statement of Facts , 2001.



Sworn the day of

Dated this August 23rd July 2nd 2001 at the Central Penitentiary of the City of Sofia, the Republic of Bulgaria. Applicant Michael Kapoustin

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