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CANADA SUPERIORCOURT PROVINCEOF DISTRICTOF

No: 500-17-044030-081

BIL'IN (VILLAGE COUNGIL),A body politic,which is the municipal authorityover the Villageof Bil'in,having its at the CouncilHall of the Villageof Bil'in,Occupied , Palestine.

and

AHMED ABDALLAH YASSIN,duly electedHead of the Village Councilof Bil'in,having elected for the purposeof this matter at the Council Hall of the Village of Bil'in, Occupied territories, Palestine.

Plaintiffs -v,-

GREEN INTERNATIONALlNC, A corporation duly incorporatedunder Part 14 of the Companies,4cf,R.S.Q. c. C-38, havingits registereddomicile at 8356,Labarre , City and of Montreal,Quebec, H4P 2E7

GREEN MOUNT INTERNATIONALlNC., A corporationduly incorporatedunder Part 14 of the CompaniesAcf, R.S.Q,c. C-38, havingits registereddomicile at 8356,Labarre Street, City and Disirici of Montreal,Quebec, H4P 2E7

and

ANNETTELAROCHE, sole directorand officerof the Defendants GreenPark and Green Mount, domiciled and residingat 416,Antonin- Campeaustreet, City of Deux-Montagnes,District of Terrebonne, Quebec,J7R 6Y5

Defendants z

MOTIONINTRODUCING A SUIT (ARTICLE110 Gode of GivilProcedure)

PLAINTIFFSRESPECTFULLY SUBMIT AS FOLLOWS:

1. The plaintiffVillage of Bil'in("the Village") is locatedon the WestBank in the OccupiedPalestinian Territories. There are approximately1,700 residentsliving in the Village. The total land of the Villageis approximately408 hectares.The Villagebrings this actionon its own behalfand on behalfof its residents.

The Plaintiff,Ahmed lssa AbdallahYassin (hereafter"Village Head Yassin"),is the dulyelected Head of the VillageCouncil of Bil'inand is the ownerof parcelsof landwithin the VillageLand Boundaries as definedby the BritishMandatory Government of Palestine.

The defendant,Green Park International Inc., is a Canadiancorporation registeredin the Provinceof Quebecas RegistryNo.1162349139 and is subject to the jurisdictionof the Laws of Quebec, and InternationalLaw, as appearsfrom the print-outof the registrarof Businessesthat will be filedas ExhibitP-1.

4. The defendant,Green Mount International Inc., is a Canadiancorporation registeredin the Provinceof Quebecas RegistryNo.1162348099 and is subject to the jurisdictionof the Laws of Quebec, Canada and InternationalLaw, as appearsfrom the print-outof the registrarof Businessesthat will be filed as ExhibitP-2. 6 The registeredaddress of the corporatedefendants is 8356, Labarre Street,Montreal, Quebec, H4P 2E7, as appearsfrom Exhibits P-1 and P-2. o. The defendant,Annefte Laroche, is the sole Directorand Officerof the corporatedefendants and residesin the Provinceof Quebec,as appears fromExhibits P-l andP-2

The defendant,Annette Laroche, is the principaland controllingmind of the corporatedefendants and is thereforepersonally liable for the illegal conductof thoseparties as set out in this claim.The Villagepleads and relieson Article321 of the QuebecCivil Code which provides that: A director is consideredto be the mandataryof the .He shall,in the performanceof his duties,conform to the obligations imposedon him by law, the constitutingact or the by-lawsand he shallact within the limitsof the powersconferred on him.

'West 8. TheVillage is locatedon landcommonly known as the Bank"which formspart of the OccupiedPalestinian Territories.

9. The Villageclaims that the defendants,and each of them,on theirown behalfand as de factoagents of the Stateof lsrael,are, and havebeen illegallyconstructing residential and other buildingsand marketingand sellingcondominium units and /or otherbuilt up areason the land,to the civilianpopulation of the Stateof lsrael,thereby creating a new dense settlementneighbourhood on the landsof theVillage of Bil'in.In so doing, the defendantsare aiding, abetting, assisting and conspiring with the State of Israelin carryingout an illegalpurpose. 4

10. The lands on which the defendantsare buildingthe new settlement neighbourhoodare containedwithin the boundariesof a FiscalMap, as appearsfrom Exhibit P-3 that will be filed and that was drawnin the 1930's,pursuant to the officialadministrative division of the landsof the West Bankconducted by the BritishMandatory Governmeni of Palestine at that time and acceptedby the Stateof lsrael.The landswhere the defendantsare are described as follows:

FiscalBlock 2 in areasAd-Dahr, Al Mazarib& JuratAbu Shamal, Al Masatih& Al Mamlaha,Al Urqanand jkopklm,Fiscal Block 3, in areas: Ummas-Sabaya, Warat al Mizan,Khirbat Umm ad-Dinein, Waratash-Shajar & Khallatal Muqr OfficialCoordinates: E 647300-648350,N 204150-206250.

11. TheWest Bank,which forms part of the OccupiedPalestinian Territories, is landoccupied by the Stateof lsraelarising from an act of war between lsraeland Jordan, Syria and that took place in 1967.

12. TheWest Bank lands that were occupied by the Stateof lsraelwere never annexedby lsrael.The landsare therefore considered by the International Community,the UnitedNations and the Stateof lsraelto be occupied territoryand are subjectto the rulesand obligationsof internationallaw, includinginternational humanitarian law.

13. Prior to the State of lsrael occupyingthe West Bank in 1967, the Municipalityof Bil'inhad jurisdiction over the entirelands of the Villageas morefully described in the FiscalMap referred to in paragraph10 herein. Thosevillage lands encompassed and includedthe landsupon which the defendantshave been building the newsettlement . 14. TheVillage pleads, that in contraventionof internationallaw as referredto herein,the Stateof lsraelsevered portions of the villagelands and then illegallyassigned those lands to anotherlocal council created by the State for the expresspurpose of buildingan lsraelisettlement on villagelands. Thedefendants are therefore parties to an illegalaction whereby the lands thatare lawfullywithin the jurisdiction of the Villagehave been taken from it to facilitatethe illegalconstruction as pleadedherein.

15. The Villagepleads and relieson Article49(6) of the Fourth Geneva "Relative Conventiondated 12, 1949 to the Protectionof Civilian Personsin Time of War''. The conventionis consideredcustomary internationallaw bindingall countriesand was ratifiedby the Stateof .The convention provides as follows: The Occupying Power shall not depori or transfer parts of its own civilian populationinto the it occupi*.

16. TheVillage further pleads and relies on Section3('1), Schedule V Protocol 1, Part1, Article1 (1) and ScheduleV Protocol1, PartV, Section11, Article85 (a)(a)of the GenevaConventions Acf, R.S.C.1985, c. G-3, whichorovides that: 3(1) Every personwho, whetherwithin or outside Canada,commits a grave breachreferred to in... Article 11 or 85 of ScheduleV is guilty of an indictable offense,and (a) if the grave breachcauses tfie death of any person,is liable to imprisonmentfor life; and (h) in any other case, is liable to imprisonment for a term not exceeding14 .

ScheduleV Protocol1, Part1, Article1 (1): The High Contracting Parties undertake to respect and to ensure respect for this protocol in all circumstances. ScheduleV Protocol1, PartV, Section1 1, Article85 (a)(a): In addition to the grave breaches defined in the preceding paragraph and in the Conventions, the following shall be regarded as grave breaches of this-Protocol, when commifted willfully and in violation of the Conventions or the Protocol: (a) the transfer by the occupying Power of parts of its own 6

civilian population into the territory it occupies, or the deporlation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of article 49 of the fourth convention.

17. The Village further pleads and relies on the Statute of the lntemational Ciminal Courf dated 17, 1998, which provides as follows: Articte 8(2)(b)(viii) For the purposeof this Statute,'war crime' includes: The transfer, directly or indirectly, hy the Occupying Power of parts of ik own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory. Afticle 25 In accordance with this Stafufe a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: ( c) For the purpose of facilitating the commission of such a crime, aids, abets or othetwise assis{s in its commission or its attempted commission, including providing the means for its commission.

18. The Villagefurther pleads and relies on Section6(1)(c) of the and War Cimes Act S.C. 2000, c. 24 which providesthat: Every person who, either before or after the coming into force of this section, commits outside Canada ( c) a war crime, is guilty of an indictahle offence and be prosecuted for that offence in accordance with section 8.

19. Section 6(3) of the Canadian Cimes Against Humanity and War Crimes Acf S.C. 2000.c. 24 definesa war crimeto mean:

An act or omission committedduring an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional intemational law applicableto armed conflicts... 7

20. Section 6(4) of the Canadian Crimes Against Humanity and War Crimes "war Acf S.C. 2000, c. 24 incorporatesthe definitionof crime"as set out at Articfe 8(2)(b)(viii)of the Rome Statuteof the lnternational Criminal Court datedJuly 17, 1998 into Canadiandomestic law.

21. The Villagefurther pleads and relies on the Quebec Charterof Nghts and Freedoms,R.S.Q., c. C-12,which providesas follows:

4. Every person has the right to the safeguard of his dignity, honour and reputation. 6. Every person has a right to the peaceful enioyment and disposition of his property, except to the extent provided by law' 8. No one may enter upon the prcperty of another or take anything therefrom without his express or imPlied consent.

22. The Village further pleads and relies on Article 1457 of the of Quebec as follows: Every person has a duty to abideby the rules of conduct which Iie upon him, according to the circumstances,usage or law, so as nol to cause injury to another. Where he is endowed with reason and fails in this duty, he is responsiblefor any injury he causes {o another person and is liable to reparation for the iniury, whether it be bodily, moral or material in . He is also liable, in certain cases, to reparation for iniury caused to another by the act or fault of another person or by the act of things in his custodp.

23. The Villagefurther claims that the defendants,on their own behalfand as agents of the State of lsrael, are subject to the jurisdictionand are requiredto complywith the laws referredto at paragraphs15 to 22 herein.

24. The Villagepleads that the defendants,on their own behalfand as agents of the State of lsrael,are constructingresidential and other buildingsand are creatinga new dense settlementneighbourhood on the lands of the 6

Villageand are marketingand selling therein units and other builtup areasto the civilianpopulation of the occupyingpower, the State of lsrael,for the purposeof transferringthe civilianpopulation of lsraelto the village'sland and removingthe populationof the Villagefrom their land. In so doing, the defendantsare aiding,abefting, assisting and conspiringwith the Stateof lsraelin carryingout an illegalpurpose. The defendants,and eachof them,are thereforein violationof the aforesaid Article 49(6) of the Fourth GenevaConvention dated August 12, 1949, Section3(1), Schedule V Protocol1, Part1, Article1 (1) and ScheduleV Protocol1, PartV, Section11, Article 85 (a)(a)oI the GenevaConventions Acf, R.S.1985, c. G-3 , Articles8(2Xb(viii) and 25 (c)of the RomeSfafufe of the InternationalCriminal Couft datedJuly 17, 1998,Section 6(1)(c), 6(3) and 6 (4) of the CanadianCrimes against Humanity and War Crimes Acf S.C.2000, c.24, Sections6 and 8 of the Chafterof HumanRights and Freedoms,R.S.Q., c. C-'12and Article 1457 of the .

25. TheVillage further pleads that the defendants, and each of them,have the mentalcapacity to knowand understandthe consequencesof theiracts, are able to discernright from wrongand are at fault for the delictsas pleadedherein. The defendants delicts have harmed the Village which has beendamaged and hassuffered damages. The damagessuffered by the plaintiffswere and are a directand immediate consequence of thefaults of the defendantsand were reasonablyforeseeable in the circumstances underwhich the faults were committed.

26. The Villagefurther pleads that as a resultof theiractivities in constructing residentialand other on the landsof Bil'in,creating a newdense settlementneighbourhood and selling and marketing condominium units 9

andother built up areasto the civilianpopulation of the Stateof lsrael,the defendantsare liablefor the delictsof breachof statutorvduties and war crimesand the damages that flow from those delicts.

27. The Villagefurther pleads that the defendants,and eachof them,willfully intendedto enterupon the landsof the Villagefor the expresspurpose of constructingresidential and otherbuildings and to createa new dense settlementneighbourhood on Villageland. The defendantsare marketing and sellingtherein condominium units and other built up areasto the civilianpopulation of the Stateof lsraelwith the furtherwillful intent of transferringthe civilianpopulation of lsrael to the village'sland and removingthe populationof the Villagefrom their land. In so doing,the defendantshave been and are willfullyintending to , abetand assist the Stateof lsraelin carryingout an illegalpurpose.

28. The Villagefurther pleads, in the alternative,that the defendants,and each of them, negligentlyentered upon the lands of the Villageto constructresidential and other buildingsand to create a new dense settlementneighbourhood on Villageland and are marketingand selling therein condominiumunits and other built up areas to the civilian populationof the State of lsrael in violationof the laws referredto at paragraphs15 Io 22 herein.In so doing,the defendantsare negligently aiding,abetting and assistingthe Stateof Israelin carryingout an illegal purpose.

29. The Villagefurther pleadsthat pursuantto a decisionof the lsraeli SupremeCourt sitting as the HighCourt of Justicein Bargilv Government of lsrael,HCJ 4481191, the mattersat issue hereinare not justiciable beforethe lsraelicourts, as appearsfrom a copyof saiddecision that will be filed as Exhibit P4. In addition,despite the facts and the law as pleadedherein, the lsraeliSupreme Court has neverruled that Israeli 10

settlementsin the OccupiedPalestinian Territories are illegal under internationallaw therebymaking the lsraelicourts an inappropriatelegal forumfor thisaction.

30. The Village further pleads that the Quebec SuperiorCourt is fhe appropriateforum for this proceedingbecause the defendantsare domiciledin the Provinceof Quebecand, as Canadiancorporations and Canadiancitizens, their conduct both in Canadaand outside of Canadais governedby InternationalLaw, the Laws of Canadaand the Laws of Quebec.

24 The Villagefurther pleads that it is entitledto a permanentinjunction on the basisof the breachesdescribed herein above and, to any extentthis maybe necessary,that its residentssuffer from and will continue to suffer irreparableharm from the illegalactivities of the defendantsas set out herein.that there is a seriousquestion to be triedbefore the courtand that the harm sufferedby the Village is greaterthan the harm that the defendantsmay suffershould this courtgrant an injunction.The Village furtherpleads and relieson Section49 of the QuebecChafter of Human Nghtsand Freedoms,R.S. Q., c. C. 12which provides that the victim of a breach of the Charter is entitled "to obtain the cessationof such interterence."

32. The Villagefurther pleads that the commissionof a war crimein itselfas pleadedherein is sufficientfor it to meet any test for a permanent injunction.

33. The Villagefurther pleads that the illegalactivities of the defendantshave deniedthe Village and its residentsthe useof theirland, thereby seriously damagingsources of incomefrom agricultural activity that previouslytook placeon the land. 11

34. The Villagefurther pleads the conductof the defendantsamounts to a fundamentalviolation of the humanrights of the villagers,denies them freedomof movementand that they are thereby entitled to an interimand finalinjunction as pleadedherein.

The Villagefurther pleads that as a resultof the willfulintent of the defendantsas pleadedherein it is entitledto punitivedamages in the amountof $2,000,000.00CAD pursuantto Article162'l ot the Quebec CivilCode which provides: Wherethe awardingof punitive damage-sis provided for by law, the amountof such damagesmay not exceedwhat is sufficient to fulfill their preventivepurpose.

JO. Furtherwith respectto punitivedamages the Villagepleads and relieson Section 49 of the Quebec Charier of and Freedoms, R.S.Q.,c. C-12which provides as follows: 49. Any unlawful interterence with any right or freedom recognized by this Charter entitles the victim to obtain the cessafionof suchinbrterence and compensationfor the moral or materialprejudice resultingthere from. In the caseof unlawful and intentional interference,the tribunal may, in addition, condemn the person guilty of it to punitive damages.

37. The plaintiff,Village Head Yassin, further pleads and reliesupon Article '1 of the QuebecCharter of HumanRights and Freedoms,R.S.Q., c. C-12, whichprovides as follows: Every human being has a right to life, and to personal security, inviolability and freedom.

38. VillageHead Yassin pleads that with respect to him,the defendantsare in breachof Article1 of the QuebecCharter of HumanRights and Freedoms, R.S.Q.,c. C-12.He therebyrepeats and reliesupon all of the preceding paragraphsof this claimand seeksall of the reliefas claimedherein on hisown behalf. t2

FORTHESE REASONS, PLAINTIFFS PRAY THAT THIS GOURT:

GRANTthe presentMotion Introducing a Suit.

DECLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense settlementneighbourhood on the land of the Villageof Bil'in situated in the West Bank in the Occuoied Palestinian Territoriesand in marketingand sellingtherein condominium unitsand otherbuilt up areasto the civilianpopulation of the occupyingpower, the Stateof lsrael,is in violationof Article 49(6)ofthe FourthGeneva Convention dated August 12, 1949.

DECLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense seftlementneighbourhood on the land of the Villageof Bil'in situated in the West Bank in the Occupied Palestinian Territoriesand in marketingand sellingtherein condominium unitsand otherbuilt up areasto the civilianpopulation of the occupyingpower, the Stateof lsrael, is in violationof Article 8(2)(b)(viii)of the Rome Statute of the InternationalCiminal CouftdatedJuly 17, 1998.

DECLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense settlementneighbourhood on the land of the Villageof Bil'in situated in the West Bank in the Occuoied Palestinian Territoriesand in marketingand sellingtherein condominium unitsand otherbuilt up areasto the civilianpopulation of the occupyingpower, the State of lsrael, is in violationof the GenevaConventions Acf, R.S. 1985, c. G -3, Section3(1 ), ScheduleV Protocol1, Part 1, Article1 (1) and ScheduleV '1 Protocol , PartV, Section11, Article 85(a)(a).

DECLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense seftlementneighbourhood on the land of the Villageof Bil'in situatedin theWest Bank in the OccupiedPalestinian Territories and in marketingand sellingtherein condominium units and otherbuilt up areasto the civilianpopulation of the occupying power,the Stateof lsrael, is in violation of Section6 of the CanadianCrimes Against Humanity and War CrimesAct 2000, c.24. 13

DEGLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense settlementneighbourhood on the land of the Villageof Bil'in situatedin theWest Bank in the OccupiedPalestinian Territories and in marketingand sellingtherein condominium units and otherbuilt up areasto the civilianpopulation of the occupying power,the Stateof lsrael,is in violationof Sections6 and 8 of the QuebecQhafter of HumanRights and Freedoms,R.S. Q., c. c.12.

DECLAREthat the conductof the defendantsin constructing residentialand other buildingsand creatinga new dense settlementneighbourhood on the land of the Villageof Bil'in situated in the West Bank in the Occupied Palestinian Territoriesand in marketingand sellingtherein condominium unitsand otherbuilt up areasto the civilianpopulation of the occupyingpower, the Stateof lsrael, is in violationof Article 1457of the CivilCode of Quebec.

GRANT A PERMANENTINJUNCTION AND ORDERthe defendantsand their directors,officers, agents or any other oersonunder their directionor controlmade aware of this injunctionto forthwithcease all ,sales activity, transferof rights,marketing or any other transactionswith respectto the landreferred to whichdescription includes, but is notlimited to thefollowing: FiscalBlock 2 in areasAd-Dahr, AI Mazarib& JuratAbu Shamal,Al Masatih& Al Mamlaha,Al UrqannandtrFiscal Block3, in areasUmm as-Sabaya, Warat al Mizan,Khirbat Ummad-Dinein, Warat ash-Shajar & Khallatal Muqr

OfficialCoordinates: E 647300-648350. N 204150-206250.

ORDERthe defendants,at theircost, to forthwithremove from the aforesaidlands all buildingstructures, equipment and materialand to return the landsto the conditionthat thev were in priorto the buildingconstruction.

ORDERdefendants to renderunto this Court,within sixty (60) daysof the judgmentof the Court,an accountingof all of the activitiesof the defendantsarising from their construciionof residentialand otherbuildings on the aforesaidlands, creating 1A a new dense seftlementneighbourhood and marketingand sellingof condominiumunits in the buildings.

RESERVEPlaintiffs right to damagesand, upon review by this Court at a later hearingafter review by all partiesof the Accountingordered above and representationto this Court thereon,condemn Defendants to pay Plaintiffsdamages in the appropriateamount for the delictof breachof statutoryduties, the intentionalcommission of warcrimes and negligence.

CONDEMNDefendants to pay Plaintiffspunitive damages in the amountof $2,000,000.00CAD pursuantto the provisionsof Sections 49 the Quebec Chafter of Human Rights and Freedoms,R.S. Q., c. C. 12.

MAKES SUCH FURTHERORDERS AND GRANT SUCH OTHERRELIEF as counselmav advise and this court oermit.

THE WHOLE WITH

(GARDINERMILLER ARNOLD LLP) Counselfor Plaintiffs 15

NOTICETO DEFENDANT (Article119 CGP) TAKE NOTICETHAT the Plaintiffshave filed this Motionin the officeof the SuperiorCourt for the judicial District of Montreal. To file an answerto this motion, must first file an appearance, personallyor by advocate,at the MontrealCourt House, located at '10,Notre- DameStreet West, City and Districtof Montreal,within ten (10)days of serviceof thismotion. lf youfail to file an appearancewithin the timelimit indicated, a by defaultmay be renderedagainst you without further notice upon the expiryof theten (10) day period. lf youfile an appearance,the actionwill be presentedbefore the Courton August1'1 , 2008, at 9:00a.m., in Room2.16 of theCourt House. On that date, the Courtmay exercisesuch powersas are necessaryto ensurethe orderly progressof the proceedingor the Courtmay hearthe case,unless you makea writtenagreement with the Plaintiffsor the Plaintiffs'counsel on a timetablefor the orderlyprogress of the proceeding.The timetable must be filedin of the Court. In supportof the motionto instituteproceedings, the Plaintiffsdisclose the followingexhibits: ExhibitP-1 : Print-outof the registrarof Businessesconcerning Green Park lnternationalInc. ExhibitP-2: Print-outof the registrarof Businessesconcerning Green Mount lnternationalInc. ExhibitP-3 : FiscalMap Drawn in the 1930'3 ExhibitP-4 : Copyof the decisionof the lsraeliSupreme Court sifting as the of Justicein Bargilv Governmentof lsrael,HCJ 4481191

Copy of these exhibitsmay be obtainedfrom counselfor Plaintiffs. Request for transfer of a small claim lf the amountclaimed by the Plaintiffdoes not exceed $7,000.00, exclusive of interestand if you couldhave filed such an actionas a Plaintiffsin Small ClaimsCourt, you may makea requestto the Clerkfor the actionto be 16 disposedof pursuantto the rules of Book Vlll of the Code of Civil Procedure(R.S.O., c. C-25).lf you do not makesuch a request,you could be liablefor costshigher than those provided for in bookVlll of the Code. .=

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