To: baystock who wrote (32 ) 1/31/2002 12:45:37 AM From: CIMA Respond to of 37 Nova Growth Corp. - Files Appeal of Court Decision on Motion (cnw) TORONTO, Jan. 30 /CNW/ - Nova Growth Corp. (the "Company") (YVA-CDNX) announces the following update concerning its outstanding litigation. Nova Growth v. Andrzej Kepinski, Richard Boxer and Falls Entertainment, et al The outstanding interlocutory motions originally scheduled for March 19, 2001 were heard in camera (under court seal) by Mr. Justice Farley on December 17 & 18th, 2001. The Court released draft reasons of Justice Farley on December 31, 2001. The final reasons were released by the Court and available to the public on January 29, 2002 and will be posted on Nova Growth Corp.'s information folder at www.sedar.com. Two motions were heard: (i) by the Company for directions from the court as to whether Nova Growth may rely on certain documents reviewed by the Company, which the Company received in error from the Kepinski Defendants' solicitors; and (ii) by the Defendants: (a) to require the Company to return inadvertently disclosed documents; and (b) to restrain the Company and others from disclosing or using privileged documents and information; and (c) to remove Lerner & Associates LLP as the Company's counsel of record in the litigation. The Court has determined that the Company and its officers may not rely on any privileged documents, which were inadvertently produced, but the court ordered the defendants to disclose and produce relevant documents and electronic records of documents not previously revealed or produced. Further, the Court has ordered that Lerner & Associates, LLP be removed as counsel of record to the Company in the litigation. Justice Farley has not yet ruled on the entitlement to costs of the motions. The parties are scheduled to make further submissions on February 6, 2002. The Company is now seeking leave to appeal the decision of Justice Farley to the Divisional Court of Ontario so that Lerner & Associates LLP may continue as counsel of record to the Company and to permit the Company to rely upon all documents sent in error. Further details will be released in due course. The documents filed with the Court will continue under seal of the Court until such time as the appeal has been considered or further order of the court. In the reasons for the decision Mr. Justice Farley refers to and attaches the Plaintiffs' Factum as a summary of the issues in dispute. As set out in the Factum attached to Justice Farley's decision, several key issues have come to the Company's attention not previously disclosed by the Defendants in the litigation including: 1. Steps were taken by the Defendants to "wipe" the computer records of the Company. These records were contained on a Company computer removed by the Defendants from the Company's premises without authorization and "wiped" clean of all its records within days of removal from the offices of Nova Growth. This was also within days after the resignation from the Company of its previous President and defendant in this action, Andrzej Kepinski. Certain records from the computer, those that had been backed up, were produced by the Defendants but the documentation evidencing the "wiping" of the computer hard drive was not produced by the defendants. Wiping of the computer hard drive has made it impossible to retrieve from the computer those documents which were not backed up which the Company believes evidences the Company's participation in the Niagara Falls Casino/Gateway project. At trial the Company will argue that the court should draw the inference that the "wiped" record of documents validates the Company's claim against the defendants. 2. A second computer paid for by the Company's subsidiary (and of which the Company was not previously aware) had been removed from the Company's premises. The Company will move before the court to examine whether this computer's hard drive may also have been "wiped" of its records or otherwise corrupted. 3. Telephone records paid for by the Company, were not disclosed to the Company, but were in the possession of the defendants and not produced in the litigation. The Company believes that these records will evidence the Company's participation in the Niagara Falls Casino/Gateway project. 4. Electronic records of bookkeeping that evidence the Company's funds and resources were used in pursuit of the Niagara Falls Casino/Gateway project, which records were not previously disclosed to the Company by the defendants nor produced in the litigation. 5. Documents which are the property of Nova and relevant in the pursuit of the Company's claim in respect of the GVG partnership (Ontario Charitable Casinos project) were taken without authorization, had not been returned to the Company, nor disclosed to the Company, nor produced in the litigation. In view of these developments, the Company intends to seek leave of the Court to amend its Statement of Claim to allege particulars of the damages in respect of the destruction of electronic documents and withholding relevant documents and information that should have been disclosed in the litigation. The Company will prosecute further particulars of the defendants' intentional destruction of, concealment of and withholding of Company records and other records relevant to this action. The Company will also seek damages specific to this conduct recognized in law as a claim for the tort of spoliation. Nova Growth v. Shiplake and Park Gaming: Examinations for discovery of Shiplake have begun. They are currently adjourned pending further production of documents by Shiplake and Park Gaming. Nova Growth v. Coopers & Lybrand, LLP: No further steps have been taken in this action. Financing: As announced November 21, 2001, the Company plans to undertake a $2,000,000 non-brokered financing of equity units, each unit comprised of $150,000 of common shares and warrants. The pricing of the shares and warrants will be subject to regulatory approval. The proceeds will be used for general corporate purposes and to fund the Company's litigation. General: The Canadian Venture Exchange ("CDNX") has not reviewed and does not accept responsibility for the adequacy or accuracy of this press release. Nova Growth Corp. has 11,104,383 common shares outstanding (19,729,383 on a fully diluted basis). For further information: Mr. Brian L. Hamm, President and Director at (416) 738-2929, or visit Nova Growth Corp.'s information folder on www.sedar.com.