They appeal...
posted on
Nov 05, 2008 06:56AM
Blue Note Mining is a Canadian mineral exploration and mining company headquartered in Montreal. The company's shares trade on the TSX Venture Exchange under the symbol BNT.
Attention Business/Financial Editors:
Shares Outstanding: 363 Million Symbol & Exchange: BN-TSX MONTREAL, Nov. 5 /CNW Telbec/ - Blue Note Mining Inc. and its subsidiary, Blue Note Caribou Mines Inc., report that they have appealed the decision of the New Brunswick Court of Queen's Bench which granted partial Summary Judgement in favour of Merlin Group Securities Limited, in its capacity as Trustee of the Fern Trust, regarding its claim to a 10% Net Profits Interest (NPI) in and to the Caribou Mine, owned by the Company. In a decision released September 30, 2008, the Court held that the NPI is binding upon the mine and the company. Blue Note initially brought the issue of the applicability of the NPI before the Court in January 2007 to bring certainty to the claim to the NPI by the Fern Trust. After initially opposing having the matter summarily decided by the Court, the Fern Trust brought a motion for Summary Judgement in June, 2008. The Motion was heard on August 28, 2008 and the Court rendered its decision on September 30, 2008. Blue Note had sought to bring the matter expeditiously before the Court in order to bring certainty to the Fern Trust's claim. Prior to the company acquiring the mine, the Fern Trust had not provided the company with an executed copy of the NPI instrument nor had it demonstrated that it was the current counter-party to the NPI. The company questioned whether, in the circumstances, the company had sufficient actual notice of the NPI in order that the NPI was binding on the Company and the Mine. To protect Blue Note from the uncertainty, the company sought direction from the court. Blue Note has appealed on the grounds that in finding that the NPI binds the mine, the court misinterpreted the NPI document in granting the Fern Trust partial Summary Judgement, the Court misapplied the law relating to Summary Judgement; and that the Court erred in concluding that the company had actual notice of the NPI and its legal effect prior to acquiring the mine. Blue Note Mining is a Canadian mining company headquartered in Montreal with operations in Bathurst, New Brunswick. The company's shares trade on the TSX under the symbol BN. Forward-Looking Statements This news release contains discussion of items that may constitute forward-looking statements within the meaning of securities laws that involve risks and uncertainties. Although the company believes the expectations reflected in such forward-looking statements are based on reasonable assumptions, it can give no assurances that its expectations will be achieved. Factors that could cause actual results to differ materially from expectations include the effects of general economic conditions, actions by government authorities, uncertainties associated with contract negotiations, additional financing requirements, market acceptance of Blue Note's products and competitive pressures. These factors and others are more fully discussed in Blue Note' filings with Canadian securities regulatory authorities. The TSX does not accept responsibility for the adequacy or accuracy of this news release.
For further information: Glenn Massad, Director of communications, Blue Note Mining Inc., (800) 937-3095, gmassad@bluenotemining.ca; www.bluenotemining.ca