Gold Reserve Inc. (TSX:GRZ) (NYSE Amex:GRZ) announced today that the
Ontario Superior Court of Justice denied Rusoro Mining Ltd. (TSX
VENTURE:RML) ("Rusoro”) and Endeavour Financial International
Corporation ("Endeavour”) permission to appeal the order the Court made
on February 10, 2009. The original order granted an injunction
precluding Rusoro and Endeavour from proceeding with Rusoro’s hostile
take over bid for the Company.
The action filed by the Company in December 2008, sought an injunction
restraining Rusoro and Endeavour from proceeding with Rusoro’s
unsolicited offer. At trial, the Company will also be seeking monetary
damages of Cdn $550 million and various other items.
On April 2, 2009 the Ontario Superior Court of Justice heard motions by
Rusoro and Endeavour for permission to appeal the interlocutory
injunction. On April 6, 2009, in its denial of the permission to appeal,
the Court stated, "The motions judge was very much alive to all the
issues raised by the moving parties and, in conducting his analysis, he
carefully analyzed the facts, then applied well-established principles
of law. In granting this discretionary remedy, he made no error that
would result in my doubting the correctness of his order.”
A. Douglas Belanger, President of Gold Reserve stated, "The judge who
heard the appeal, noted a number of compelling reasons for the denial of
the leave to appeal. The strength of the Court's response will guide the
execution of our claim against Rusoro and Endeavour in the future."
The ruling will be posted on our Website at www.goldreserveinc.com.
Gold Reserve Inc. is a Canadian company, which holds the rights to the
Brisas gold/copper project and the Choco 5 gold exploration property in
Bolivar State, Venezuela.
FORWARD-LOOKING STATEMENTS
This release contains forward-looking statements that may state Gold
Reserve’s or its management’s intentions, hopes, beliefs, expectations
or predictions for the future. In this release, forward-looking
statements are necessarily based upon a number of estimates and
assumptions that, while considered reasonable by management at this
time, are inherently subject to significant business, economic and
competitive uncertainties and contingencies.
We caution that such forward-looking statements involve known and
unknown risks, uncertainties and other risks that may cause the actual
financial results, performance, or achievements of Gold Reserve to be
materially different from our estimated future results, performance, or
achievements expressed or implied by those forward-looking statements.
While certain statements in this release may be within the meaning of
"forward-looking statements” under Section 21E of the Securities
Exchange Act of 1934, as amended (the "Exchange Act”), the safe harbor
provided by Section 21E of the Exchange Act does not apply to any
forward-looking statements made in connection with the enjoined hostile
takeover bid (the "Offer”) by Rusoro to acquire the shares of Gold
Reserve, including the forward-looking statements contained in this
release.
Numerous factors could cause actual results to differ materially from
those in the forward-looking statements, including without limitation:
concentration of operations and assets in Venezuela; corruption and
uncertain legal enforcement; requests for improper payments; competition
with companies that are not subject to or do not follow Canadian and
U.S. laws and regulations; the outcome of any potential proceedings
under the Venezuelan legal system or before arbitration tribunals as
provided in investment treaties entered into between Venezuela, Canada
and Barbados to determine the compensation due to Gold Reserve in the
event that Gold Reserve and the Venezuelan government do not reach an
agreement regarding construction and operation of the Brisas Project, or
the Brisas Project is transferred to the Venezuelan government and the
parties do not reach agreement on compensation; regulatory, political
and economic risks associated with Venezuelan operations (including
changes in previously established laws, legal regimes, rules or
processes); the ability to obtain, maintain or re-acquire the necessary
permits or additional funding for the development of the Brisas Project;
the result or outcome of the trial regarding the Offer; significant
differences or changes in any key findings or assumptions previously
determined by us or our experts in conjunction with our 2005 bankable
feasibility study (as updated or modified from time to time) due to
actual results in our expected construction and production at the Brisas
Project (including capital and operating cost estimates); the method and
manner of our determination of reserves, risk that actual mineral
reserves may vary considerably from estimates presently made; impact of
currency, metal prices and metal production volatility; fluctuations in
energy prices; changes in proposed development plans (including
technology used); our dependence upon the abilities and continued
participation of certain key employees; the prices, production levels
and supply of and demand for gold and copper produced or held by Gold
Reserve; the potential volatility of Gold Reserve’s Class A common
shares; the price and value of Gold Reserve’s notes, including any
conversion of notes into Gold Reserve’s Class A common shares; the
prospects for exploration and development of projects by Gold Reserve;
and risks normally incident to the operation and development of mining
properties.
This list is not exhaustive of the factors that may affect any of
Gold Reserve’s forward-looking statements. Investors are cautioned not
to put undue reliance on forward-looking statements. All subsequent
written and oral forward-looking statements attributable to Gold Reserve
or persons acting on its behalf are expressly qualified in their
entirety by this notice. Gold Reserve disclaims any intent or obligation
to update publicly or otherwise revise any forward-looking statements or
the foregoing list of assumptions or factors, whether as a result of new
information, future events or otherwise, subject to its disclosure
obligations under applicable rules promulgated by the U.S. Securities
and Exchange Commission (the "SEC”).
In addition to being subject to a number of assumptions,
forward-looking statements in this release involve known and unknown
risks, uncertainties and other factors that may cause actual results and
developments to be materially different from those expressed or implied
by such forward-looking statements, including the risks identified under
"Important Note for U.S. Investors Concerning Resource Calculations” as
well as the risks identified in the filings by Gold Reserve with the SEC
and Canadian provincial securities regulatory authorities, including
Gold Reserve’s annual information form for the year ended December 31,
2008, dated March 31, 2009, and Gold Reserve’s Annual Report on Form
20-F for the fiscal year ended December 31, 2008 filed with the SEC on
March 31, 2009.