Affidavit # 2

Michael Kapoustin
January 29, 2001

No. S004040
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
TRACY KAPOUSTIN, NICHOLAS KAPOUSTIN BY HIS GUARDIAN AD LITEM
TRACY KAPOUSTIN AND MICHAEL KAPOUSTIN
PLAINTIFFS
AND:
HE HONOURABLE MURAVEI RADEV
MINISTER OF FINANCE
IN HIS OFFICIAL CAPACITY
FOR
REPUBLIC OF BULGARIA,
DEFENDANT
and
STEFCHO GEORGIEV, MARIO STOYANOV, EMILIA MITKOVA, KINA DIMITROVA,
IVETA ANADOLSKA, DIMITAR SHACKLE and
DEREK A. DOORNBOS,
INDIVIDUAL DEFENDANTS

AND:
MINISTRY OF JUSTICE
REPUBLIC OF BULGARIA

RESPONDENT

AFFIDAVIT

I, Michael Kapoustin, of Suite 94435, 7680 River Road, Richmond, B.C. V6Y 2A8
currently an inmate at the Sofia Central Prison, 21, "Stoletov" St., 1309 Sofia, Republic
of Bulgaria MAKE OATHUNDER PENALTY OF PURGURY UNDER THE LAWS
OF BRITISH COLUMBIA AND SAY AS FOLLOWS:

1. I am the Applicant herein.

2. I make this Affidavit in support of my application for an Order that I be declared indigent
with respect to the fees set forth in Appendix C, Schedule 1 of the Rules of Court.

3. I have been in pre-trial arrest at the order of the Republic of Bulgaria since February 7,
1996 and I am presently without a conviction or sentence.

4. I have not had no physical contact with my wife, seven-year-old son or parents during my
five years of incarceration.

5. I am unemployed at the penal institution in which I am incarcerated and have no income.

6. I am married.

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7. I cannot support and do not support or maintain my seven-year-old son, or other
dependents including my wife.

8. My son is a Type II diabetic and requires constant care and medical attention from his
mother.

9. Attached as Exhibit "A" is a medical certificate evidencing my son's illness.

10. On account of my son's health my wife with whom I do not reside is unemployed and relies
on social assistance and charity to care for my son and herself.

11. There are no other sources of income in my household.

12. Attached as Exhibit "B" is a current statement of income and expenses, assets and
liabilities of my home household.

13. Attached as Exhibit "C" is a certified copy translated to the English language from the
Bulgarian language of my inmate trust account.

14. I have no other assets of remarkable value, nor access to the same through members of my
household nor the ability to borrow money for the fees set forth in the said Appendix.

15. The fees to commence the above-entitled cause of action were paid for me by my friend
and Power of Attorney in Canada Mr. Robert William Stewart, 2A 8191 River Road,
Richmond, BC V6X1X.

16. At this time Mr. Stewart nor others known to me or my family are able to further assist me
by paying fees or other costs required from me to affect certain procedural actions
permitted under the Rules of the Court to me as a pro se Plaintiff in the proceeding above
entitled.

17. I believe my indigence will infringe on my Charter rights if the relief I seek is not granted
by the Court.

18. I have served upon all the Defendants in the above-entitled action an Endorsement for
Service Ex Juris, Statement of Claim and Writ of Summons as required by the Rules of the
Court.

19. I have complied with Rules 11 and 13 of the Court.

20. Defendants of the above entitled action Emilia Mitkova, Mario Stoyanov, Kina Dimitrova,
Dimitar Shackle, Iveta Anadolska and Stefcho Georgiev are, upon my best information and
belief, and according to the records of the Court in default of appearance as required by the
provisions of Rule 17 of the Court.

21. Attached as Exhibit "D" is my intended Form 56 Praecipe for Default Judgement, the
Affidavit in support thereof and separate pleadings and a Draft Order in Form 56-A as
required in order for the Court to enter a Default Judgement made in the terms of Praecipe.

22. My parents are pensioners, having no income and living on a Canadian Government
pension and social assistance.
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23. Attached as Exhibit "E" is the Affidavit #1 dated January 2, 2001 of my father Robert Kap
in support of the relief sought I make reference to paragraphs 3, 7 and 8.

24. My mother is a victim of advanced Alzheimer's, as a result this imposes an additional

financial burden upon my family and I cannot seek loans or other financial assistance from
my parents.

25. Attached as Exhibit "F" is the medical certificate of my mother evidencing her illness.

26. The above-entitled action contains reasonable claims that are neither scandalous, frivolous
nor vexatious, it is not otherwise an abuse of the process of this Honourable Court. It is as a
result of the acts alleged therein and claimed by me, as Plaintiff, and my family, as other
Plaintiffs, that I and my family have been left indigent and in ill health and I seek relief for
this with the attached hereto Petition.

January 29, 2001 Pro se Plaintiff Michael Kapoustin

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