Aff1001 Tracy

Tracy C. Kapoustin #1 August 29, 2009 FORM 60 (RULE 51 (2) AND (6)) No. S004040 VANCOUVER REGISTRY IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: MICHAEL KAPOUSTIN et al PLAINTIFFS AND: REPUBLIC OF BULGARIA et al DEFENDANT AND: MINISTRY OF JUSTICE REPUBLIC OF BULGARIA RESPONDENT

AFFIDAVIT I, Tracy Coburn Kapoustin, of 298 South Beach Drive, Penticton, British Columbia, CANADA, DO MAKE OATH AND SAY AS FOLLOWS: 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 belief.

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 loss.

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 activities.

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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