Boss Power Corporation

Published : March 28th, 2011

Provides Update on Progress of Expropriation Lawsuit Against Province of British Columbia

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Keywords :   Canada | Justice | K Street | Thorium | Uranium |


News Release - Mar 28, 2011
Boss Power Provides Update on Progress of Expropriation Lawsuit Against Province of British Columbia

Vancouver, B.C. - Monday, March 28th, 2011: Boss Power Corp. (TSX.V: BPU) is pleased to provide an update on the progress of the Company's lawsuit in the Supreme Court of British Columbia against the Province of British Columbia.

On October 16th 2008, the Company filed a statement of claim in British Columbia Supreme Court alleging that the Province had expropriated the Company's interest in the Blizzard Uranium Property and prevented the company from exploring or developing the Property by imposing a Uranium and Thorium Reserve. The Statement of Claim sought damages and compensation for the expropriated property.

As a result of pre-trial investigations conducted by the Company the Statement of Claim was then amended in September of 2010 to add an additional claim against the Province for Misfeasance of Public Office. The amendment was premised in part on new evidence with demonstrated that the Province had refused to process Boss Power's Notice of Work application in a timely fashion and prevented the Company from conducting exploration work that may have led to Federal permit applications for the development of a mine on the Blizzard site.

On March 24th 2011 the Company amended the Notice of Civil Claim following a hearing held before Madam Justice Russell of the British Columbia Supreme Court on February 4th, 2011. As a result of evidence led at that hearing, the Court ordered that Boss be allowed to amend the Notice of Civil Claim by adding the following to the Statement of Facts:

    "On December 20, 2010 the defendant unconditionally admitted the following facts:

    • On April 21, 2008, the plaintiffs submitted a notice of work ("the NOW") for consideration by the Chief Inspector of Mines of British Columbia pursuant to section 10 of the Mines Act, RSBC 1996, c. 293. A copy of the NOW is Exhibit "1" on the examination for discovery of David Stone.

    • At all times between January 1, 2008 and March 31, 2009, the Chief Inspector of Mines was Douglas Sweeney.

    • At all times between April 1, 2008 and June 7, 2010, Greg Reimer was employed by the defendant as deputy minister of the defendant's Ministry of Energy, Mines & Petroleum Resources ("EMPR").

    • At all material times after July 10, 2008, John Cavanagh was employed by the defendant as an assistant deputy minister in EMPR.

    • Each of the actions described below were taken by Reimer and Cavanagh in the course of their duties as employees of the defendant. To the extent that any of them constitutes an actionable wrong, the defendant is vicariously liable for the actions of Reimer and Cavanagh.

    • In July, 2008, Reimer instructed Cavanagh to instruct Sweeney that Sweeney was not to consider the NOW and that approval for that work was not to be granted.

    • After receipt of that instruction, Cavanagh sought and received legal advice from the defendant's Ministry of the Attorney General. He was advised that Sweeney had a statutory obligation to consider the NOW on its merits, and that a failure so to do would be a breach of Sweeney's statutory duty.

    • After receipt of that advice, Cavanagh instructed Sweeney that Sweeney was not to consider the NOW and that approval for that work was not to be granted.

    • Cavanagh then relieved Sweeney of responsibility for the NOW, and passed that responsibility to other employees of EMPR, who gave no consideration to the merits of the NOW.

    Throughout these proceedings, the Defendant has continually asserted that if the plaintiffs sought provincial permission to use existing logging roads or construct new mine access roads the Province would "exercise its discretion" to refuse permission or refuse any application by the plaintiffs to gain access to the mineral claims for the purposes of exploiting those claims. The taking of this position is in furtherance of the defendant's admitted misfeasance of public office and is unlawful."

Boss Power Corp.'s President and CEO Randy Rogers observed today: "The Province has now formally admitted that it improperly refused to process our Notice of Work application in 2008 but continues to maintain that the Company suffered no loss as a result of this unlawful action. We are satisfied that we will be able to prove that this delay caused a significant financial loss at least commensurate with the value of our expropriated property as well as costs incurred by the company in our good faith efforts to move the project forward."

Rogers noted: "As a result of the addition of these further very serious allegations of misconduct and the complexity of the evidence that has been developed in our investigation to date the trial originally scheduled for three weeks in February has now been re-set for 25 days commencing October 3rd, 2011."


On Behalf of the Board of Directors

BOSS POWER CORP.
Randy Rogers, M.Sc., P.Geo., President & CEO
Phone: 250-558-8952
Email: r.rogers@bosspower.ca

Neither TSX Venture Exchange nor the Investment Industry Regulatory Organization of Canada accepts responsibility for the adequacy or accuracy of this release.

For further information contact: Tony Perri - Investor Relations, Manager
Suite 611, 675 W. Hastings Street Vancouver, British Columbia, Canada V6B 1N2
Tel: (604) 688-8115 Website: www.bosspower.ca



Copyright � 2011 BOSS POWER CORP. (BPU) All rights reserved. For more information visit our website at http://www.bosspower.ca/ or send email to info@bosspower.ca.
Data and Statistics for these countries : Canada | All
Gold and Silver Prices for these countries : Canada | All

Boss Power Corporation

CODE : BPU.V
ISIN : CA1001201047
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Boss Power Corp. is a gold exploration company based in Canada.

Boss Power Corp. is listed in Canada and in United States of America. Its market capitalisation is CA$ 12.7 millions as of today (US$ 9.8 millions, € 8.9 millions).

Its stock quote reached its highest recent level on May 23, 2008 at CA$ 74.24, and its lowest recent point on March 27, 2009 at CA$ 0.07.

Boss Power Corp. has 74 775 000 shares outstanding.

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