Post by Dr. Drum on Feb 7, 2006 6:52:45 GMT -5
Hockey buffs win faceoff with NHL over Stanley Cup
Richard Blackwell
The Globe and Mail
Tuesday, February 7, 2006
Hockey teams outside the NHL might get a chance to play for the Stanley Cup -- if there's ever another lockout or strike that kills an entire season.
In an out-of-court settlement expected to be finalized today, the National Hockey League acknowledged that the trustees who control the prize can award it to a non-NHL team in a year where the league doesn't operate.
As part of the settlement the league will pump $100,000 a year into hockey leagues for women and underprivileged children for the next five years.
The settlement will end a court case launched during last year's players' lockout by a pair of middle-aged hockey buffs who wanted the Cup to go to amateur teams while the NHL was shut down.
Gard Shelley and David Burt, members of a Toronto pickup hockey league called the Wednesday Nighters, went to court to challenge the NHL's claim that it controlled the Stanley Cup, and could prevent it from being used as a trophy for other leagues.
Mr. Shelley and Mr. Burt argued that the Cup's trustees -- former head of the Hockey Hall of Fame Ian (Scotty) Morrison and former NHL official Brian O'Neill -- could award it to someone else, since the NHL wasn't using it.
The trustees said that couldn't be done because the Cup has been under control of the NHL since an agreement was signed in 1947.
While the resumption of play in the NHL this season seems to render the control issue moot, the NHL acknowledgment is a victory for Canadian fans if there's ever another lockout, said Tim Gilbert, the lawyer for Mr. Shelley and Mr. Burt.
"We've settled once and for all that the NHL does not own the Stanley Cup. It's owned by the people of Canada, on trust," Mr. Gilbert said. In the settlement agreement, the NHL and the trustees acknowledge that "if the NHL doesn't mount a competition in any particular year, the trustees can award the cup to a non-NHL team," he said.
The NHL's promise to increase support for community hockey is also important, he said.
The money, $100,000 year from 2006 to 2010, and possibly beyond, will be administered by the Canadian Hockey Foundation.
Terms of the agreement had been reached but the final signing was not complete yesterday. NHL lawyers could not be reached for comment.
One reason the league agreed to settle, Mr. Gilbert said, is that a document had made it clear that the Cup was controlled by the trust.
In 1892 Canada's then-governor-general, Lord Stanley, donated a decorative bowl to be awarded to "the champion hockey team in the Dominion."
Lord Stanley appointed two trustees to keep tabs on the Cup. When one trustee dies or quits, the other one appoints a replacement. Under the current deal with the NHL, if the trustee doesn't name someone, the league gets to do it.
The settlement "is a very good outcome and a nice result for hockey in Canada," Mr. Shelley said.
As for his league, "the Wednesday Nighters are still playing hockey and we'll be raising a beer this Wednesday," he said.
Richard Blackwell
The Globe and Mail
Tuesday, February 7, 2006
Hockey teams outside the NHL might get a chance to play for the Stanley Cup -- if there's ever another lockout or strike that kills an entire season.
In an out-of-court settlement expected to be finalized today, the National Hockey League acknowledged that the trustees who control the prize can award it to a non-NHL team in a year where the league doesn't operate.
As part of the settlement the league will pump $100,000 a year into hockey leagues for women and underprivileged children for the next five years.
The settlement will end a court case launched during last year's players' lockout by a pair of middle-aged hockey buffs who wanted the Cup to go to amateur teams while the NHL was shut down.
Gard Shelley and David Burt, members of a Toronto pickup hockey league called the Wednesday Nighters, went to court to challenge the NHL's claim that it controlled the Stanley Cup, and could prevent it from being used as a trophy for other leagues.
Mr. Shelley and Mr. Burt argued that the Cup's trustees -- former head of the Hockey Hall of Fame Ian (Scotty) Morrison and former NHL official Brian O'Neill -- could award it to someone else, since the NHL wasn't using it.
The trustees said that couldn't be done because the Cup has been under control of the NHL since an agreement was signed in 1947.
While the resumption of play in the NHL this season seems to render the control issue moot, the NHL acknowledgment is a victory for Canadian fans if there's ever another lockout, said Tim Gilbert, the lawyer for Mr. Shelley and Mr. Burt.
"We've settled once and for all that the NHL does not own the Stanley Cup. It's owned by the people of Canada, on trust," Mr. Gilbert said. In the settlement agreement, the NHL and the trustees acknowledge that "if the NHL doesn't mount a competition in any particular year, the trustees can award the cup to a non-NHL team," he said.
The NHL's promise to increase support for community hockey is also important, he said.
The money, $100,000 year from 2006 to 2010, and possibly beyond, will be administered by the Canadian Hockey Foundation.
Terms of the agreement had been reached but the final signing was not complete yesterday. NHL lawyers could not be reached for comment.
One reason the league agreed to settle, Mr. Gilbert said, is that a document had made it clear that the Cup was controlled by the trust.
In 1892 Canada's then-governor-general, Lord Stanley, donated a decorative bowl to be awarded to "the champion hockey team in the Dominion."
Lord Stanley appointed two trustees to keep tabs on the Cup. When one trustee dies or quits, the other one appoints a replacement. Under the current deal with the NHL, if the trustee doesn't name someone, the league gets to do it.
The settlement "is a very good outcome and a nice result for hockey in Canada," Mr. Shelley said.
As for his league, "the Wednesday Nighters are still playing hockey and we'll be raising a beer this Wednesday," he said.
Hand the man a 
towel boo hoo