Any cap penalty has to depend on the grievance being filed by the NHLPA.
If the arbitrator, or whoever rules on such cases, determines that the Sharks were within their rights to terminate the contract, there can be no cap penalty. They let their highest scorer walk as a UFA for breach of contract; they aren’t paying him; another team is; so there is nothing left to count against their cap.
However, if the arbitrator finds that they owe Kane compensation, you can be sure that will count. But that has yet to be determined, so nobody can put a number on the cap hit that should apply.
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