2010-07-29 Discovery MOTION Filed by Defendants
At this point, the case was set to drag on for a long time and the upcoming costs were skyrocketing.
The Defendants had stated and re-stated that if they got any authentic communication from the Imam, they would stop the infringing activities, but that they could not do so without knowing that the Lawsuit was authentic. It would be a direct disobedience of the Imam if the Defendants apologized for something that He asked them to continue doing. It was also very disturbing that every forensic expert that they consulted said that the documents that they received from Sachedina or from the Plaintiff's Lawyer were forged.
The Defendants therefore made themselves available when the Imam visited Toronto for the Ground-Breaking Ceremony of the Aga Khan Museum and Ismaili Centre in Toronto, so that the Imam can give any instruction in person at any place and at any time and for any duration that He chooses. The Plaintiff's Lawyer replied that they can potentially start scheduling a meeting at some unknown point in the future, but only if the defendants settle in advance and admit in writing to the points in the Lawsuit.
It was not until the 27th of July, after exploring all other paths of trying to peacefully get an authentic communication from the Imam instructing their next step, that the Defendants filed a motion for the Stay of all proceedings and for the Discovery of H.H. the Aga Khan. Since the Plaintiff Party seemed to NOT represent the Aga Khan at all, it was assumed by the defendants, that if such a motion is granted, and if the Plaintiff Party is shown not to be able to produce the Aga Khan for discoveries, the case can be closed sooner to the benefit of all parties.
The suspiscion of the Defendants that the Plaintiff's lawyer was not in contact with the Imam was confirmed when they received the expected reply from the lawyer saying he had recommended to the Imam not to accept discovery [though the lawyer knows that the law provides the right to discovery]
The Documents in the Defendants's Motion for Stay and for Discovery are all included in the following News Article:
- 20100729-Alnaz Jiwa Affidavit sworn July 28.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn July 29.10.pdf
- 20100729-Nagib Tajdin Affidavit sworn Exhibit A July 29.10.pdf
- 20100729-Alnaz Jiwa Notice of Motion July 29.10.pdf
- 20100729-Nagib Tajdin Notice of Motion July 29.10.pdf
- 20100729-Alnaz Jiwa Written Representations July 29.10.pdf
- 20100729-Nagib Tajdin Written Representations July 29.10.pdf