Quote:
Originally Posted by Calgary4LIfe
Not being a lawyer, I would assume that you are 100% correct here. However, the NHL is governed differently than society governs itself, and many of the rules in place contradict existing laws in society. I do believe that the NHL would not allow an ambiguous statement published in a hastily drawn-up MOU to negatively impact one of its' 30 members to the point that the organization's fan-base would revolt and the organization would be denigrated publicly. I just don't see it, and I believe this is why Daly took a giant step back from his initial comments.
Of course in the real world outside of a league with its' own rule of law (so to speak), your advice is the sound one.
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That is all one huge leap of faith, especially given the widespread disagreement with Feaster on this (Gillis said he knew about it, Daley did, at least at first, many writers said it was apparent). Basically what you are saying is that Feaster's thought process was:
a. This is an ambiguous clause.
b. I like our interpretation. The league might view it differently.
c. I'm not going to check - rather, I will take a chance and if I'm wrong I think the league will just change its mind and take my side because of backlash.
BTW, IIRC the actual clause 13.23 was never changed and isn't ambiguous at all. What Feaster hung his hat on was the transition provision in the MOU which exempted certain players from the 13.23 rule:
All Players on a Club’s Reserve List and Restricted Free Agent List will be exempt from the application of CBA 13.23 Waivers in the case of a mid-season signing.
For further clarity, if Club A trades such a Player to Club B and Club B signs the Player to an SPC, such Player will be exempt from the application of CBA 13.23.
BUT ROR wasn't on the Flames' Reserve List nor was he on their RFA list. He was on the Avs' RFA list. I really don't see the ambiguity.
One other thing: Feaster and ROR's agent were saying two things at the time. Feaster said they discussed it and the agent said they didn't:
https://www.cbssports.com/nhl/news/c...s-didnt-match/