Quote:
Originally Posted by sureLoss
IMO the big question is what was the spirit of the exception? Yes it may be poorly drafted exception that is ambiguous, but the league and PA negotiated that exception be put in there for a reason.
I said this earlier in the thread, but as an NHL GM, Feaster should know what the spirit of the rule is. He may not have been there when it was drafted, but he has to know why the rule exists.
If his interpretation of the exception violates the spirit of the exception but not the letter of it, then he would have to be naive to think that league wouldn't have a different interpretation than his.
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Agreed.
I think with the comments Gillis just made about "yes, he played in Europe", as why he knew about the waiver requirement, speaks volumes.
Although not 100% addressing the wording of the issue that Feaster is (potentially and assumeably) arguing as his defense, demonstrates that Gillis is applying the spirit of his understanding of why the clause was altered from the old rule.