HIS HIGHNESS' AFFIRMATION
"I, Prince Karim Aga Khan do solemnly affirm pursuant to sections 14 and 15 of the Canada Evidence Act as follows:
1) I am the Plaintiff in Court File No T- 514-10 filed in the Federal Court of Canada. I have personally reviewed and approved the contents of the Statement of Claim filed with the Court in this case.
2) I have retained the firm of Ogilvy Renault LLP to act as my solicitors on my behalf and have authorized the action for copyright infringement against the named defendants.
3) I do not consent and have never consented to the publication and copying of the works in dispute and that are set out in the Statement of Claim.
4) I have informed one of the defendants Nagib Tajdin in two letters which I have written to him of my instructions to stop the unauthorized publication and to deliver up the undistributed books. In the second letter I purposively added a handwritten note in order to show that the letter came from me personally.
5) I authorized the Ismaili Leaders International Forum (LIF) to inform my Community about this matter and I know that this communication reached both Mr. Jiwa and Mr. Tajdin."
Affidavit of Daniel J. Gleason
Support of His Highness The Aga Khan
"I, DANIEL J. GLEASON, ESQ., of the City of Boston, in the State of Massachusetts, MAKE OATH AND SAY:
"I am a Partner at the Law Firm of Nutter McClennen & Fish LLP (''Nutter'') at its home office in Boston, Massachusetts, where I have practiced litigation since 1971. I am a member of the Massachusetts State Bar, admitted to practice in the Federal District Court and Circuit court, as well as before the United States Supreme Court."
"On May 12, 2010, at the request of Brian W. Gray, a partner at the law firm of Ogilvy Renault LLP, I met with His Highness The Aga Khan at the Mandarin Oriental Hotel for approximately 20 minutes. My purpose was to present the attached Affirmation to The Aga Khan, to assure myself that he understood its contents, and to obtain his signature thereon. Accompanying me was a Certified Notary Public for the Commonwealth of Massachusetts, Jennifer Colman."
"Ms. Colman and I were greeted at the Mandarin Oriental by The Aga Khan's personal assistant, Sherbanoo Moledina, who took us to His Highness' suite, where we were introduced and engaged in a brief social conversation with His Highness. His Highness then presented his French Diplomatic passport for examination by both myself and Ms. Colman." [...]
Affidavit of Jennifer A. Colman
Support of His Highness The Aga Khan
I, JENNIFER A. COLMAN, of the City of Boston, in the State of Massachusetts, MAKE OATH AND SAY:
1) "I am a paralegal at the law firm of Nutler McClennen & Fish LLP (''Nutter'') at its home office in Boston, Massachusetts, where I have worked since 2001. I am a certified Notary Public of the Commonwealth of Massachusetts and as such, am authorized to take oaths and affirmations within the Commonwealth.
2) I have read the accompanying affidavit of Daniel J. Gleason, Esq., whom I accompanied to the Mandarin Oriental on the afternoon of May 12, 2010, to attend the meeting with the Aga Khan that he describes in said accompanying affidavit.
3) I hereby affirm that Mr. Gleason has accurately described the events that took place at that meeting and that I am the person who officially witnessed and then notarized His Highness' signatures on the three copies of the Affirmation.
His Highness' Solicitor's Response
"On Fictional Forgery Allegations"
To prove that His Highness' letters were forged, the officer of the court Alnaz Jiwa and Nagib Tajdin had retained two experts who did not provide their affidavits to the Court of Canada! At any rate, Nagib Tajdin was glorifying the findings of these two experts' on May 16, 2010. His Highness' solicitor Gray responded on May 17th as follows:
"I am not a forensic expert, but I would be very surprised if such 'experts' were infallible, especially as they apparently have only seen fax or photocopies of the signature. Further did you send them the handwritten note that you had received on the letter [Second Imamat Communication] to you? Why not send them the signature on the notarized document that you now received?" (emphasis added)
Ten days after His Highness' solicitor's response, the officer of the court Alnaz Jiwa, Nagib Tajdin and [Fateh] Ali Dhalla of Vancouver spoke to a 3rd forensic expert, Mr. Graham Ospreay, whose credibility and findings were later discredited beyond any repair. Before the Summary Judgment trial, Gray told the Court:
"Ospreay has not taken examinations to support his qualifications and is neither a member of the Canadian Society of Forensic Science (or any other forensic science organization in Canada for that matter). Ospreah belongs to an organization which sells its credentials on the internet for a fee." (emphasis added)
World Renowned Forensic Expert Retained by His Highness
Weighs in on
Graham Ospreay's Forgery Assertions
In addition to exposing and completely discrediting Ospreay's severely flawed reports, Mr. Brian Lindblom, a world renowned forensic expert told the Court:
"Mr. Ospreay has not received training at a recognized forensic document examination laboratory...Mr. Ospreay does not have membership in main-stream forensic societies and associations, most notably the Canadian Society of Forensic Science, the American Society of Questioned Document Examiner and the American Academy of Forensic Sciences. There is no indication in his C.V. that he has ever attended meetings of these organizations, nor presented papers at their annual conferences. ...Under the heading of Accreditation, Mr. Ospreay states that he is a Fellow of the American College of Forensic Examiners and is board certified through the American Board of Forensic Examiners. Both organizations have been discredited in courts in North America and have essentially been characterized as diploma mills. They have been extensively criticized for their failure to test applicants on the fundamentals and practical application of forensic document examination."
A Very Important Letter from His Highness' Solicitor
A Very Serious Matter for The IMAMAT
"[E]ach of you express a desire to abide by the wishes of His Highness the Aga Khan and each of you seem to believe that the Ismaili leadership is somehow failing to communicate the true situation to His Highness or that His Highness has not authorized the action against you. Your belief is unreasonable and unwarranted. I can tell you that I have spoken to His Highness personally and alone, with no one from the Ismaili Secretariat participating, and he [HIS HIGHNESS] made it very clear to me that he wanted the distribution of these books stopped and that he considered this [INFRINGEMENT] a very serious matter for the Imamat. He also made it quite clear that he had not previously consented to the publication of the Farmans by Mr. Tajdin or anyone else and that any implication or understanding to the contrary was not correct." (emphasis added)
"In a further effort to convince you, I sent a senior lawyer whom I have known for almost 20 years to see the Aga Khan when His Highness was in Boston. This senior lawyer brought along a notary and the notary received identification from the Aga Khan by way of an examination of the Aga Khan's passport and witnessed the affirmation that you have now received. Further, neither this senior lawyer nor the notary has had any previous involvement with this case, has never met or heard of Shafik Sachedina or any member of the Ismaili leadership and met with the Aga Khan in person and alone, except for the notary and I believe one personal secretary. At that time, the Aga Khan read and signed the affirmation without any influence or direction from anyone else."
"All of these facts we will prove if we have to."
His Highness' Exceptional Mercy Rejected!
His Highness was visiting Toronto from May 26 to 28th for a foundation ceremony of a high-profile Ismaili Centre in Toronto. Nagib Tajdin had insisted for a 5 minutes meeting with His Highness so he and AJ were able to submit to the wishes of His Highness. His Highness' senior solicitor Mr. Brian Gray responded:
"[D]uring my recent conversation with His Highness, His Highness was aware of the e-mail from Mr. [Nagib] Tajdin and of Mr. Tajdin's request for a meeting. This would take place within the context of the Imam-Murid relationship. Notwithstanding that His Highness considers the wrongful publication and distribution to be a very serious matter, His Highness expressed a desire to be forgiving to both of you and to accept an apology from the two of you. He also indicated to me that you should agree unconditionally to a settlement that would acknowledge that His Highness has copyright in the works, that your actions have constituted an infringement of that copyright and that you would agree to delivery up of the remaining books and to an injunction from further copying or distribution. His Highness does not want damages or legal fees."
"If this happens, His Highness has assured me that he would grant a personal audience to the both of you, so that you can explain your actions to him and ask for forgiveness. This will be an opportunity for you to make whatever representations you would like to make."
"However this cannot occur unless you first immediately agree to the settlement terms proposed above."
"As you know His Highness will be shortly in Toronto. If a meeting can be arranged in Toronto, this will be done, but His Highness will only be in the city for inside a day. If a meeting cannot be arranged at that time, His Highness will meet with you promptly thereafter."
"I should tell you that His Highness also said to me that he was prepared to continue until the end of the case, if need be, and I cannot say then what His Highness wishes might be if this matter does continue."
"Please let me know your position as soon as possible so that I can draw up the necessary papers."
Note: Nagib Tajdin & the officer of the court Alnaz Jiwa rejected the Merciful offer from the Imam-of-the-Time.