This is the ist Affidavit

of Ri Tao Ni and was made on

September 2 3, 2015

\S.

No. S083484
Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
SUN W A V E FOREST PRODUCTS LTD.
and CGR INVESTiVlENTS INC.
PLAINTIFF
AND:

DEFENDANT
AND:
SUN W A V E FOREST PRODUCTS LTD. and CGR INVESTMENTS INC.
DEFENDANTS BY W A Y OF COUNTERCLAIM

AFFIDAVIT

I , Ri Tao N i , business person, care of Taylor Veinotte Sullivan, Barristers, 300-1168 Hamilton Street,
Vancouver, B.C., SOLEMNLY AFFIRM AND SAY THAT:
1.

1 wholly own Sun Wave Investments, Inc., a British Columbia Registered Company, which is
the sole shareholder o f the Plaintiff Sun Wave Forest Products Ltd. ("Sun Wave"). 1 also own
100% o f the shares of the Plaintiff CGR Investments Inc. ("CGR"). As such, 1 have personal
knowledge of the facts and matters hereinafter deposed to, except where stated to be made on
information and belief and where so stated, I verily believe those facts and matters to be true.

130127.001/pleadings/OOIO

2.

1 am a citizen o f the People's Republic of China and have resided in China at all material
times during this proceeding.

3.

In late 2012, an investigation was conducted by the Chinese Communist Party into an
allegation of corruption involving a senior government official and a Chinese company with
which I was involved. The allegation of corruption was not against me. i agreed to cooperate
with the investigation however, a condition of the investigation required that I be detained. I
was detained for a continuous period beginning in late 2012 by the Chinese government.

4.

The period and conditions of my detainment were entirely out o f my control. During my
detention, I was unable to leave China for any purpose and was given no information on the
prospect of the investigation ending.

5.

Prior tp my detainment, 1 regularly travelled to Canada for business, pleasure and to deal with
matters pertaining to this proceeding.

6.

My situation has now changed. 1 am no longer being detained by the Chinese government.

7.

I now intend to do everything I can to move this litigation forward towards resolution in
accordance with the laws of British Columbia, i have instructed my counsel to set down the
trial of this action.

8.

Since my full exoneration and with the restoration of my right to travel abroad, I have also
applied for a Canadian Visa in order to be able to travel to attend proceedings in Vancouver.
I f 1 am granted a Visa to travel to Canada, I will attend an Examination for Discovery prior to
the end of this year.

9.

I f I am not granted a Canadian Visa, I will travel to Hong Kong to attend an Examination for
Discovery on a date that accommodates the Defendants and their counsel.

10.

i hold a valid Visa to travel to Hong Kong to be able to attend an Examination for Discovery.

11.

With regard to CGR, it was never my intention to allow it to be deregistered from the British
Columbia Corporate Registry (the "Registry"). Due to my detention and the conditions

I30127.001\Plcadings\OOIO

imposed thereon, it was difficult to duly file the annual corporate return reports for the last
two years.
12.

I have recently arranged for my corporate counsel, Michael Reid at McMillan LLP, to duly
file the necessary reports required for good standing with the British Columbia Corporate
Registry. I expect that CGR will be in good standing with the British Columbia Corporate
within the next thirty (30) days.

SWORN [or AFFmMED] BEFORE ME

at the City o f
of

Shfiv-^h^^

<affwW

^, this 3 h day
~
, 20JX

Name:
Ri Tao Ni

ENDORSEMENT OF INTERPRETER
I,

^t*v

certify that:

1.

I have a knowledge of the English and //Iv'f^e'iC'

to interpret from one to the other.

2.

I arn advised by the deponent and verily believe that the deponent understands the
f/hA^o-t^e.
language.

3.

Before the affidavit on which this endorsement appears was made by the deponent 1 correctly
interpreted it for the deponent from the English language into the / y ^ ' ^ g ^
language and
the deponent appeared to fully understand the contents.

Dated

^ \

>^')
Interpreter

l30127.001\Plci:dings\OOIO

languages and I am competent