Monthly Archives: August 2009

Time to send a 'personal' email to your MP on the MLSE veto issue (article 4.3 of the NHL Constitution)

Posted on August 31, 2009 | 49 Comments

For the bullet summary, please go here.

We will be posting comments from MP’s of Canada related to Canadian rights, and the Competition Act

It's time to support Canadian Hockey once again!

This is what our elected officials ‘live for’…..

To serve the people. Give your local MP a chance to stand up for your voice in Parliament!

We had discussed the idea of using a form letter, but a personally worded letter stating how you feel is always more effective. MP’s will be comparing notes.

Thanks to Corey Schlueter and Bryan Kirkham for their efforts to bring us this information!

Click Here to see the list of MP’s to find yours!

Key points to include in your email:

Veto rights that Toronto Maple Leafs and MLSE ‘think’ they have
Competition Act and the new issue included to stop the ‘Conspiracy to avoid Competition’, and to fix prices and supply
Mention Jim Balsillie and his group, PSE
Mention Sheila Copps and her current support and drive to get answers in Parliament
Urge your constituent to speak to the press and encourage them to set up press conferences to address this issue
Thank your representative for their support
Ask them to get back to you personally with a progress report
Ask them to brush up on the case by visiting http://haveavoice.makeitseven.ca/rants, and http://makeiteighteh.com, and other mainstream media and blogs.

Alternatively, use one of the emails already sent in the comments below, and change the contents to suit you.

It’s time to help our ‘Braveheart’, Jim Balsillie, and stand united for hockey rights in Canada.

Please make comments in this post below, when you send, and any information you get back! Post your letter if you choose!

Here is a sample letter (courtesy Patrick Romanoski):

Hello Ms. Charlton,

My name is Patrick Romanoski.

Living on Hamilton Mountain, you are my MP.

Ms. Charlton, I need you to work along with the efforts of Sheila Copps, who is looking for answers to the question of illegal veto rights as it infringes on the laws of Canada, and specifically how it applies to the Competition Act.

Section 4.3 of the NHL constitution grants each team exclusive control over its “home territory,” stating that, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent. No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such a membership” Since the Coyotes franchise is not “GRANTED” by the NHL, this point is moot, it will be purchased!

The previous section stating, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent.” stands on its own. Thus this section is illegal & a pure case of restraint of trade!!!

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, MLSE thinks they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

Jim Balsillie and PSE are looking to purchase the Phoenix Coyotes and move them to Hamilton. If successful in the auction, his company will continue to meet resisitance from MLSE.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009 to effect potential jail time as much as 14 years imprisonment and fines as high as $25 million per occurence.

In a previous review the competition bureau was deliberately misled by the NHL by witholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

Ms. Charlton, if you could provide clarification on the new changes too, that would be appreciated.

If you would be so kind, please acknowledge receipt of this email, and send progress reports on your efforts.

Thanking you for your representation and help in this matter,

Yours truly,

Patrick

Or, alternatively, Corey Schlueter came up with a terrific one too:

Dear Dr. Albrecht,

I am sure you are aware Jim Balsillie as PSE has made an offer to purchase an NHL team through the US bankruptcy system. While this issue at first seems trivial and of no concern to the Government of Canada; I must assure you that is not the case.

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, the Leafs think they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009, where potential jail time as much as 14 years imprisonment, and fines as high as $25 million per occurrence.

In a previous review the competition bureau was deliberately misled by the NHL by withholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

As you can see the issue has become extremely important. MLSE and the NHL wish to protect their market share contrary to the law. Also by blocking this move the NHL is costing Ontario thousands of possible new jobs and the revitalization of Hamilton.

As my MP I am sure this issue is of great concern to you as well and I look forward to your representation in this matter.

Sincerely,
Corey Schlueter

→ 49 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Act, Antitrust, Antitrust Law, Balsillie, Bettman, Canada, Competition Act, Competition Bureau, Daly, Law, Melnyk, MLSE, National Hockey League, NHL, Peddie, Politics, Toronto Maple Leafs, Veto rights

Time to send a ‘personal’ email to your MP on the MLSE veto issue (article 4.3 of the NHL Constitution)

Posted on August 31, 2009 | 49 Comments

For the bullet summary, please go here.

We will be posting comments from MP’s of Canada related to Canadian rights, and the Competition Act

It's time to support Canadian Hockey once again!

This is what our elected officials ‘live for’…..

To serve the people. Give your local MP a chance to stand up for your voice in Parliament!

We had discussed the idea of using a form letter, but a personally worded letter stating how you feel is always more effective. MP’s will be comparing notes.

Thanks to Corey Schlueter and Bryan Kirkham for their efforts to bring us this information!

Click Here to see the list of MP’s to find yours!

Key points to include in your email:

Veto rights that Toronto Maple Leafs and MLSE ‘think’ they have
Competition Act and the new issue included to stop the ‘Conspiracy to avoid Competition’, and to fix prices and supply
Mention Jim Balsillie and his group, PSE
Mention Sheila Copps and her current support and drive to get answers in Parliament
Urge your constituent to speak to the press and encourage them to set up press conferences to address this issue
Thank your representative for their support
Ask them to get back to you personally with a progress report
Ask them to brush up on the case by visiting http://haveavoice.makeitseven.ca/rants, and http://makeiteighteh.com, and other mainstream media and blogs.

Alternatively, use one of the emails already sent in the comments below, and change the contents to suit you.

It’s time to help our ‘Braveheart’, Jim Balsillie, and stand united for hockey rights in Canada.

Please make comments in this post below, when you send, and any information you get back! Post your letter if you choose!

Here is a sample letter (courtesy Patrick Romanoski):

Hello Ms. Charlton,

My name is Patrick Romanoski.

Living on Hamilton Mountain, you are my MP.

Ms. Charlton, I need you to work along with the efforts of Sheila Copps, who is looking for answers to the question of illegal veto rights as it infringes on the laws of Canada, and specifically how it applies to the Competition Act.

Section 4.3 of the NHL constitution grants each team exclusive control over its “home territory,” stating that, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent. No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such a membership” Since the Coyotes franchise is not “GRANTED” by the NHL, this point is moot, it will be purchased!

The previous section stating, “no other member of the League shall be permitted to play games … in the home territory of a member without the latter member’s consent.” stands on its own. Thus this section is illegal & a pure case of restraint of trade!!!

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, MLSE thinks they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

Jim Balsillie and PSE are looking to purchase the Phoenix Coyotes and move them to Hamilton. If successful in the auction, his company will continue to meet resisitance from MLSE.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009 to effect potential jail time as much as 14 years imprisonment and fines as high as $25 million per occurence.

In a previous review the competition bureau was deliberately misled by the NHL by witholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

Ms. Charlton, if you could provide clarification on the new changes too, that would be appreciated.

If you would be so kind, please acknowledge receipt of this email, and send progress reports on your efforts.

Thanking you for your representation and help in this matter,

Yours truly,

Patrick

Or, alternatively, Corey Schlueter came up with a terrific one too:

Dear Dr. Albrecht,

I am sure you are aware Jim Balsillie as PSE has made an offer to purchase an NHL team through the US bankruptcy system. While this issue at first seems trivial and of no concern to the Government of Canada; I must assure you that is not the case.

The Toronto Maple Leafs had a lawyer send a letter to the NHL in 2006, which in essence stated clearly that any team that wants to enter the territory of another must have “unanimous” support of all teams. In other words, the Leafs think they can stop the locating of a team in Hamilton, as they say it would infringe on their territory.

According to the Competition Act, any company or companies conspiring to restrict a product or supply of a product could be guilty of a criminal offence. Changes were proposed in March 2009, where potential jail time as much as 14 years imprisonment, and fines as high as $25 million per occurrence.

In a previous review the competition bureau was deliberately misled by the NHL by withholding this letter. Their responses to questioning was therefore not the whole truth and resulted in no wrongdoing being discovered.

This fact added to the facts uncovered in the PSE purchase attempt to move a team to Hamilton suggests a new review under oath is required.

As you can see the issue has become extremely important. MLSE and the NHL wish to protect their market share contrary to the law. Also by blocking this move the NHL is costing Ontario thousands of possible new jobs and the revitalization of Hamilton.

As my MP I am sure this issue is of great concern to you as well and I look forward to your representation in this matter.

Sincerely,
Corey Schlueter

→ 49 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Investigation of NHL veto issue by Competition Bureau in 2007

Posted on August 30, 2009 | 8 Comments

For the bullet summary, please go here.

I will let Anthony Woodjets explanation and suggestion speak for itself! Thanks Anthony for your correction, clarification, and great insight!!

Craig…the Canada Competition Bureau investigated the NHL, commencing June 14/07. It found that the NHL was NOT in violation of the Competition Act, in part because they saw no evidence of a “veto”. Here is a quote from their summary dated March 31/08……”The Bureau found no instance where a “veto” was exercised by an incumbent team to protect its local territory from entry by a competing franchise. Since at least 1993, no franchise has been permitted to exercise a veto to prevent a team from entering into its local territory. Further, under the NHL’s rules and procedures, in respect of the proposed relocation of a franchise to Southern Ontario, the NHL would not permit any single team to exercise a veto, but would only require a majority vote. The Bureau may have concerns under the Act if a single team were entitled to exercise a veto to prevent a franchise from entering into its local region within Canada, but such concerns would have to be evaluated having regard to the facts and law applicable at the time such an event occurred.” However….the “smoking gun” letter by the New York law firm, acting on behalf of MLSE is dated November 29, 2006. The Competition Bureau’s investigation did not begin until June 14, 2007. In other words, the NHL had this letter in their possession during the Bureau’s investigation. Either they lied to the Bureau, or at least did not show them the letter that the Leafs intended to protect their territory at all costs. I think it’s time the Canada Competition Bureau took another look at the blatant protectionism of territory MLSE is still imposing on Bettman, and the BoG. The “smoking gun” letter is clear evidence.
anthony woodjetts | burlington | Aug 30, 01:31pm

In the words of Harry Callahan (Dirty Harry), “So, are you feeling lucky, punk? Go ahead, make my day!”

So, the Balsillie legal team just needs to take letter in hand to the Competition Bureau, and ask if they had seen the letter, and ask whether it was disclosed by the NHL. Of obvious material nature, this would have been important as evidence to suggest there was an issue.

But, the rubber is now meeting the road, and this is where the proof of veto rights will be obvious. Does the MLSE have it in them to try to uphold an article that should have been removed from the constitution, as far as veto powers go?

Of larger interest, it would not seem to matter if the majority of owners would be for blocking a team, as the law is clear. That would be a conspiracy to avoid competition, and that violates the Competition Act in Canada.

Penalty again is $25 million per occurence, and potential 14 years imprisonment. It is not known if these features have yet been added, but I would not be surprised if they had. Who wants to take the risk of being guilty of this level of crime?

How many teams and the BOG members are willing to test this out?

→ 8 Comments

Posted in National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Competition Act, Gary Bettman, Jim Balsillie, MLSE, NHL Constitution, Richard Peddie, Toronto Maple Leafs, Veto rights

Legal liability as an individual and a company: Where will Bettman be then?

Posted on August 29, 2009 | 3 Comments

For the bullet summary, please go here.

There are proposed changes to the Competition Act that are compelling. The reason must be based on problems and issues with the current system.

The question is, ‘How far are you willing to go as Board of Governors to back up the whims of the Commissioner? Who would be the ones to ‘go down’?

Is the NHL being ‘petty’, or is this more about Peddie?

Richard Peddie: 'For' or 'against' Jim Balsillie?

Richard Peddie and the MLSE that is!

In the “Butterfly Effect” series of movies, the character can go back in time and try to alter the past. Well, given the chance now, would Peddie have intercepted the sending of the 2006 letter to Gary Bettman that the lawyer representing MLSE sent? At the very least, the lawyer could have checked the spelling of Mr. ‘Betteman’s name’. That must have been more annoying than the letter’s content. Ironically, little research or care in it’s preparation then, which may result in plenty of clockable legal hours now. Funny how that works, eh?

Translation of letter: If the MLSE doesn’t want a team in ‘our turf’, then too bad if all other teams do. Problem: Legal liability imposed by a member of the Board of Governors hanging the other members out to ‘legal’ dry.

In early August the issue of depositioning Peddie came into play:

However, the league wants Judge Redfield T. Baum to reject the proposed deposition of Toronto Maple Leafs owner Richard Peddie.

Attorneys for Canadian billionaire Jim Balsillie want to question Peddie over what role the Maple Leafs might play in the proposed relocation of the Coyotes to Hamilton, Ontario. The league contends the relocation issue is moot because the NHL Board of Governors has overwhelmingly rejected Balsillie as an owner.

And, wouldn’t the NHL love to keep the deposition of Peddie a ‘moot’ point, and not have it rear it’s ugly head again. Can Peddie count on this the longer this case takes? Is he a gambling man? How does he like the ‘outside world’?

And, as reported by Globe Sports:

The NHL’s objection, filed with the court yesterday, stated the Maple Leafs abstained from the NHL governors’ unanimous vote on July 29 that rejected Balsillie as an owner. Presumably yesterday’s objection was made to counter Balsillie’s charge that the Leafs are playing a leading role in blocking the move of a team into their territory.

Peddie could not be reached for comment last night.

I’m sure he will be unavailable for quite some time too. But, he can’t stay N/A forever!

Well, if I were the Toronto Maple Leafs or the Ottawa Senators, I would be wondering the consequences of backing up the league on the issue related to anti-trust and monopoly powers.

There are laws, and the laws are getting more stringent.

In March 2009, according to Mondaq:

The Government is proposing a long-debated reform to the cornerstone criminal conspiracy section by removing the requirement to show that an agreement among competitors would lessen or prevent competition unduly. Under the new provision, which will make such agreements “per se” illegal, competitors who agree, conspire or arrange among themselves to fix, maintain, increase or control prices or fix, maintain, control, prevent, lessen or eliminate supply of a product or allocate sales, territories, customers or markets for the production or supply of a product, are guilty of a criminal offence. Penalties will be increased to a maximum of $25 million for each count and up to 14 years of imprisonment. A new defence has been created where the agreement is ancillary to a broader agreement and is reasonably necessary to give effect to the broader agreement, provided that the broader agreement when considered alone would not contravene the criminal conspiracy provision. In addition, the common law principles that relate to a defence for regulated conduct will continue to apply to the new provision.

Criminal conspiracy! Criminal conspiracy! Did you hear that? Criminal conspiracy?

Not just collusion as we saw in Phoenix. No, this time we are talking about perhaps more serious consequences including up to 14 years behind bars. Who would be with you in that ‘pen’?

Well, commissioner Gary Bettman is an employee of the NHL. He is hired by the Board of

Will Gary Bettman be responsible for "Conspiracy to avoid Competition" charges and the potential jail term that goes with it? Should the Board of Governors be following the lead of 'the man obsessed?'

Governors. Ultimately, the Board of Governors and the individual members that make it up are individually and collectively responsible for the operations and the liability of the league as a whole. Not Gary Bettman.

Repeat: Not Gary Bettman. No, you’d be on your own!

This must be made clear to the members of the Board of Governors who want to ‘listen’ and ‘agree’ with the commissioner. He won’t be the one serving time for you if that is the case.

How far will you go, if you are a member of the BOG in this man’s NHL? Will you be willing to undergo examinations in court? Will you be willing to admit things you did not want to admit? Will you be willing to stand up, under oath, and testify that the reason you may have agreed to something is because, and largely due to the fact that ‘all the others were doing it, and I thought I should too’. Is that what it boils down to? Are you listening to an employee exercising his influence to the detriment of your own safety? Good questions BOG members. Better start checking with your lawyers. Good lawyers that is.

Because, here’s the deal.

If you are Eugene Melnyk in Ottawa, and Richard Peddie in Toronto, you and your operations in Canada are subject to the Canadian Competition Act.

Knowing what you know of Balsillie’s persistence, what do you figure the ‘odds’ are that will become a reality, especially if the NHL will drag this out legally for the reported years to come?

As the heads of your organizations, you can now be likely found guilty of a criminal offense to knowingly conspire to keep a competitor out of a territory. That competitor in this case may be Jim Balsillie. Mr. Bettman is an American running an American company, but in Canada, having teams here? A little different.

Is it a good idea to follow a man obsessed?

You may be subject to criminal prosecution for conspiring as two teams, even though you represent a broader league as a whole.

The members representing other teams are not the issue. In this case, the two teams in Ontario (Ottawa and Toronto) are the Canadian issue.

Do you think as companies running in Ontario, you will be able to continue to defer obligation to Gary Bettman, as has been done to date related to issues of article 4.3 of the NHL Constitution? Are you banking on that?

Do you as BOG members in the NHL, but owners of Ontario companies think that you will be immune to the laws of Ontario companies? You had better hope so, but how far are you willing to go?

According to the Hamilton Spectator of August 29th, a very interesting truth became known:

“After repeatedly telling this court that such unlawful veto rights do not exist, both Mr. Bettman and Mr. Daly were forced to admit at their depositions that the Article of the NHL Constitution providing for this veto (Article 4.3) has never been amended in an unanimous writing (as required by the explicit terms of Article 12 of the NHL Constitution) and that the Toronto ownership group has expressly ‘reserved its rights’ and to whether its unlawful veto remains in effect.”

But this week Daly advised the Spectator via e-mail that the board of governors has the final say on the NHL coming to Hamilton.

“Nothing to do with Toronto, or the alleged “veto” right.

OK, so let’s get this straight. We had Mr. Peddie and Mr. Melnyk involved likely in the article 12 ammendment that says article 4.3 must be removed. But, the article 4.3 was never actually removed by some fluke?

Now, we have the MLSE ready to stand by the ammendment (4.3), and take advantage of the fact that it still appears in the constitution, even though both companies (Leafs and Senators) agreed to it’s removal?

Oh, that’s of incredible character, don’t ya think?

And, the Teacher’s Pension Fund owns now 66% of MLSE. What is that supposed to teach the kids? Cheat when you can, and if the teacher gives you a bad mark, but it gets written in the records as a good mark, don’t do the right thing and tell her. Just take advantage of the misfortune. The teachers on Ontario would go along with this? Maybe we should have a referendum on that issue, and have it debated in classrooms everywhere. Good, let’s mark that down for the future, shall we?

OK, so Mr. Peddie wants to ensure the 4.3 that was supposed to be removed but wasn’t should be upheld, and MLSE would sue whoever tried to violate it, including the league it is part of, despite having agreed to it’s removal. For the record? OK.

Well, take a close look at who told us about the fact that it is still there. It wasn’t Mr. Peddie or Mr. Melnyk, it was Mr. Bettman and Mr. Daly, under deposition.

If I was a betting man, which I am not (sorry Eugene and Jeremy), I would guess that the Balsillie camp has got a checklist of strategy. And, once those depositions were obtained from Daly and Bettman, a little check was applied.

The information will surface again, don’t worry.

But, if I were Mr. Melnyk and Mr. Peddie I would be a little worried. Because unlike Mr. Bettman and Mr. Daly, you run corporations in Ontario subject to that nasty Competition Laws Canada has. Nasty stuff, and getting a whole lot nastier.

And, Mr. Peddie and Mr. Melnyk are directors and high ranking officials directly responsible to the laws of Canada. Lots of liablility. Mr. Daly and Mr. Bettman? Not so much.

That 26-0 vote is going to rear it’s ugly head as this goes on, don’t kid yourselves.

So, the bottom line is, if the Ottawa Senators and Toronto Maple Leaf brass are ‘listening’ to Mr. Bettman, don’t expect him to serve the penalty that might be coming your way. You know, the whole ‘together we stand, divided we fall’ thing? That’s right, you will be on your own.

You might get a ‘sorry’ from Bettman and Daly on the ‘we thought the vote would do it’ thing. But that won’t be good enough.

Again, if I were a betting man, I might be inclined to think that the vacation of Richard Peddie, and his conveniently missed attendance in the 26-0 vote was more planned than would seem apparent.

And, the fact that the NHL protected Peddie from being deposed earlier in the procedings may have been to avoid another ‘checkmark’ in the course of legal ‘to do’ s of the Balsillie legal team.

But,don’t worry Mr. Peddie, they will get you to answer the ‘for or against’ question soon enough.

If I was a betting man, I’d bet on that!

Conspiracy to stop competition? A criminal offense, eh? Sounds a little risky. Especially for those so sensitive about their reputations.

The Ontario hockey market is looking a whole lot smaller, isn't it Mr. Melnyk?

Mr. Melnyk, how would you like a criminal record on your ’character’ resume? Didn’t think so.

How far should you be willing to go as a person to follow the crowd?

Or, how much should you listen to an employee telling you what to think and how to think it?

→ 3 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Antitrust Act, bankruptcy, Canada, Competition Act, Eugene Melnyk, Jim Balsillie, Law, MLSE, Monopoly, Ontario Teachers Federation, Ontario Teachers Pension Fund, Ottawa Senators, Phoenix Coyotes, Richard Peddie, Toronto Maple Leafs

Time to take the 'territory' and 'freedoms' rightfully deserved!

Posted on August 29, 2009 | 2 Comments

For the bullet summary, please go here.

Are you kidding us?

Gloves off, mattresses ready, time to take the territory that to this point has been disguised as non-existent. The territory of southern ontario between Toronto and Buffalo.

The territory that true hockey fans cannot seem to see hockey in, except if they have a television set, and perhaps subscriptions to TSN, Sportsnet, the CBC, and, hold your ears faint of heart, Leaf TV.

The taxing of a nation, mercilessly on those lucky enough (at this point, debatable) to subsidize the southern NHL teams.

"Every man dies, not every man really lives"; "I have been given nothing. God makes men what they are"

It is time, like William Wallace, to take what is rightfully Canadian. The territory representative of the hockey hotbed and passion of Ontario. We must also pay tribute to the hockey crazed areas of the west and east, and Winnipeg is in the hearts of us all.

Wallace was able to rally his people to fight for freedom, to fight for what is rightfully theirs.

We can argue, as Canadians, that the right to have hockey in our territory is our right!

Why should a kingdom from the east, in the Toronto Maple Leafs, be able to claim our territory?

Can we look at the commissioner as King Edward, as ‘Longshanks’ as he was called in those days. Willing to bend the rules as he sees fit, and avoiding points of law at all cost?

I think we can.

Here is where this stood, as reported by the Toronto Star,

”……the veto rights, found at the bottom of article 4.3: “No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such member.”"Hamilton is considered part of the Leafs’ territory since it’s within a 50-mile (80-kilometre) radius of Toronto. Coyotes’ lawyers say the Leafs have prevented relocations to Hamilton before – the last was an attempt by Ottawa – and aren’t likely to approve this one. The Leafs refer all calls to the NHL.

“Coyotes’ lawyers say the NHL’s constitution violates Canadian competition laws and U.S. antitrust laws and implored the judge to ignore it.”

And, On August 13th, the Globe Sports added:

His lawyers’ request said Balsillie “believes that, notwithstanding the NHL’s pretextual arguments, the Maple Leafs are trying to block [Balsillie’s] purchase of the Coyotes in order to prevent a Hamilton relocation and competition with the Maple Leafs in Southern Ontario.”

Lawyers for Balsillie and Moyes want to grill Peddie about the Leafs’ motives. They also want to question Bettman, Daly, Boston Bruins owner Jeremy Jacobs and Minnesota Wild owner Craig Leipold.

It is quickly becoming obvious again that this is a case of territorial rights. The NHL is blocking the bid of Balsillie in any way it can, using the 26-0 vote and an accustion of poor character on Balsillie as the excuse.

The NHL is painting itself into a corner, and I hope the Board of Governors all know that they will be held liable and accountable for the fortunes of a few. In short, what may benefit a few will cost the many!

I wonder if Longshanks painted Wallace as the bad guy in Scotland so many years ago. I am willing to bet according to the king of England, Wallace would have been ‘painted’ of poor character too, as he manipulated his henchmen to build popular vote against him.

The Make it Seven rant page and website was a public relations site, and the Balsillie camp knew that it would take many hockey fans upset at the territory that is being denied us.

If Wallace stood alone, Wallace would have been defeated.

We have the king of Toronto vacationing, while the white knite is hiding in the bushes, peering out, waiting for the outcome and the prize to be handed over. Yes, sounds like the battle in Scotland of old.

The people of Scotland were willing to lose their lives for the freedom of their people, and the rights they deserved.

The people of Canada, particularly Ontario, Manitoba, Quebec City and other deserving parts of Canada that can truly support hockey need to start talking and supporting this cause.

It won’t be our lives on the line as in Scotland many years ago.

But the principle of rights and freedoms are the same!

→ 2 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Antitrust Law, bravery, Competition Act, Eugene Melnyk, Jim Balsillie, MLSE, National Hockey League, NHL, Phoenix Coyotes, Richard Peddie, Toronto Maple Leafs

Time to take the ‘territory’ and ‘freedoms’ rightfully deserved!

Posted on August 29, 2009 | 2 Comments

For the bullet summary, please go here.

Are you kidding us?

Gloves off, mattresses ready, time to take the territory that to this point has been disguised as non-existent. The territory of southern ontario between Toronto and Buffalo.

The taxing of a nation, mercilessly on those lucky enough (at this point, debatable) to subsidize the southern NHL teams.

"Every man dies, not every man really lives"; "I have been given nothing. God makes men what they are"

Wallace was able to rally his people to fight for freedom, to fight for what is rightfully theirs.

We can argue, as Canadians, that the right to have hockey in our territory is our right!

Why should a kingdom from the east, in the Toronto Maple Leafs, be able to claim our territory?

Can we look at the commissioner as King Edward, as ‘Longshanks’ as he was called in those days. Willing to bend the rules as he sees fit, and avoiding points of law at all cost?

I think we can.

Here is where this stood, as reported by the Toronto Star,

”……the veto rights, found at the bottom of article 4.3: “No franchise shall be granted for a home territory within the home territory of a member, without the written consent of such member.”"Hamilton is considered part of the Leafs’ territory since it’s within a 50-mile (80-kilometre) radius of Toronto. Coyotes’ lawyers say the Leafs have prevented relocations to Hamilton before – the last was an attempt by Ottawa – and aren’t likely to approve this one. The Leafs refer all calls to the NHL.

“Coyotes’ lawyers say the NHL’s constitution violates Canadian competition laws and U.S. antitrust laws and implored the judge to ignore it.”

And, On August 13th, the Globe Sports added:

His lawyers’ request said Balsillie “believes that, notwithstanding the NHL’s pretextual arguments, the Maple Leafs are trying to block [Balsillie’s] purchase of the Coyotes in order to prevent a Hamilton relocation and competition with the Maple Leafs in Southern Ontario.”

Lawyers for Balsillie and Moyes want to grill Peddie about the Leafs’ motives. They also want to question Bettman, Daly, Boston Bruins owner Jeremy Jacobs and Minnesota Wild owner Craig Leipold.

The Make it Seven rant page and website was a public relations site, and the Balsillie camp knew that it would take many hockey fans upset at the territory that is being denied us.

If Wallace stood alone, Wallace would have been defeated.

The people of Scotland were willing to lose their lives for the freedom of their people, and the rights they deserved.

The people of Canada, particularly Ontario, Manitoba, Quebec City and other deserving parts of Canada that can truly support hockey need to start talking and supporting this cause.

It won’t be our lives on the line as in Scotland many years ago.

But the principle of rights and freedoms are the same!

→ 2 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Antitrust Law, bravery, Competition Act, Eugene Melnyk, Jim Balsillie, MLSE, National Hockey League, NHL, Phoenix Coyotes, Richard Peddie, Toronto Maple Leafs

Everybody gets a new lease on Coyotes (part duh!)

Posted on August 28, 2009 | 4 Comments

Time to honor another MakeitSeven.ca ranter. Jay Martin, this means you. Tirelessly Jay has contributed to the Make it Seven rant page, and is the glue holding it together when others had given up hope. Jay has gotten a little mad, for obvious reason, as it is plain that he is a devout hockey fan that really does not like to see what has happened to the great game of hockey. Keep up the good work Jay! Get a third wind, as we are going to overtime. Thanks Jay from all of us fellow ranters at Make it Seven!

For the bullet summary, please go here.

You want the team NHL? Prepare to get out the chequebook, and write the big one!

The NHL is now on record as stating the Coyotes arena lease needs to be reworked:

“I think we’ve got to get the lease situation resolved, or not, by the end of this calendar year,” NHL deputy commissioner Bill Daly said yesterday

What happened to Gary Bettman’s statement that the team was never in jeopardy, and the thought of it was, well, just ‘silly’? Where is that thinking now?

According to the NHL and Gary Bettman, with proper management the Phoenix Coyotes could have been, and would have remained a ‘viable franchise’.

Would that be in it’s current form, Mr. Bettman?

Because, if the Coyotes are indeed viable, why would this season be a ‘lame duck season’ if you as the successful bidder in the auction would need a reworking of the lease?

Now, is the lease really that bad? What is it about the lease that has everybody spooked?

I would argue it isn’t about the lease payments, it’s the lease penalty.

Fill it with some Jonas Brothers, Miley Cirus, and other attractions and get over it!

But, the penalty is only an issue if you want to leave Glendale.

If the Coyotes are truly as viable a franchise as claimed by Gary Bettman, then why is the lease such an albatross and a hinderance at this point?

We really need to go back in time and again to the Ron McLean and Bettman interview of June 2009.

Why does the NHL flip flop on the issues it claims are important, the facts of the Coyotes case, whenever it becomes convenient for them?

Gary Bettman’s argument is that when you have bankers building arenas, then you have an obligation to continue in a given place, or it turns the league on it’s head, as in this excerpt from the interview:

MacLean: So you say it’s a problem with your investment bankers, that threat of the relocation to Hamilton?

Bettman: Not bankers who lend money to franchises, but bankers who lend money to build arenas and stadiums.

MacLean: Which is huge. One of the reasons for stability in the past.

Bettman: Of course, you have to have stability.

Rumour has it that the NHL wants to take over the franchise to ‘buy time’ to put further pressure on the City of Glendale to grant the necessary reworking of the arena lease, and possible concessions.

Glendale is in no position to grant concessions, so the lease payments aren’t the big issue. The big issue then, is the transfer of ownership to a ‘long term’ buyer.

Who in their right mind would take over a lease penalty to the tune of $720 million (to as high as $796 million as

As Dr. Evil would say, "Do ya want it? It's going to cost you a bajillion dollars!"

recently claimed). Soon it will be like Dr. Evil in the Austin Powers movies, “a bajillion dollars”.

The Phoenix Coyotes are not a viable franchise in their current form. Without concessions and a ‘way out’ there will not be a bidder willing to follow through with an offer.

Even Ice Edge says it has only days to come up with a solid plan with Glendale. Well Ice Edge, the fact that you want to move five games to Saskatoon or anywhere else is requesting a break on the arena lease, that the City of Glendale is not at liberty to give you.

And Ice Edge, where is that parking facility you want the action from? Another concession where concessions are under the microscope. It isn’t going to happen.

Perhaps as suggested, the Ice Edge bid will get the boys from Research Edge a little closer to favour in the eyes of the powerful and wealthy, and how about that close to free advertising? So impressive is the Ice Edge chances that here we are witnessing the proof of a snowballs chance, the NHL placing their own bid.

In a previous article, we looked at why everybody gets a new lease on Coyotes life but Jerry Moyes.

We have come back to an important clip from this article before, and it relates to the breaking of a lease in bankruptcy proceedings. Here is the clip:

To quote a clip from Thompson Hine, in October 2007,

“section 502(b)(6) of the U.S. Bankruptcy Code on claims arising from a debtors lease termination does not limit a landlords claim for tort-related damages. Section 502(b)(6) sets limits on the damages that result from the termination of a lease of real property to the greater of one year, or 15 percent, not to exceed three years of the remaining term of such lease. The provision is designed to provide landlords with compensation for losses due to lease terminations, while preventing excessively large claims from long-term leases that would limit the recovery of other unsecured creditors.”

We must emphasize the argument the NHL had initially.

When you have a team and bankers building arenas, you cannot simply bail on them (NHL position). The City of Glendale is on the hook for the lease, and we still don’t know what kind of obligation it is. Who holds the Jobing.com arena bond is still a question on the table, and it was reporteldy the $64.5 million question.

We must remember the NHL supported the City of Glendale when it convenienced the NHL.

The reason the $148 million offer had any merits at all was because of the lease penalty of $720 million. We could then say, with the taking on of the penalty, the offer was really $868 million. Was this what Gary Bettman would say was the offer that would make Jim Balsillie’s ‘pale in comparison’?

The City of Glendale was a preferred creditor and had much more validity as creditor than Jerry Moyes, according to the NHL, because Moyes was an owner not a lender. The City of Glendale with first dibs.

Now the NHL as a secured creditor to an auction that sees themselves getting paid (is this possible?), is going to argue against the City of Glendale’s right to withhold the lease penalty. Now it’s not a bid deal?

But, more importantly, the rules of bankruptcy law are now being supported by the NHL in the thinking that the true lease obligation despite reported penalty is closer to one years worth of lease payments. Ahhh, the truth at last, justified by the NHL itself.

Judge Baum can now look at the position of two major bidders, the NHL and PSE, and see that they agree on point of law regarding the true lease penalty, and the true obligation in bankruptcy. So much for the $148 million really being much higher, and the PSE bid of $212.5 million, really being ‘much lower’, as previously argued by Bettman.

The NHL entering the bankruptcy circus also puts them on a level, bidding playing field with PSE.

They (NHL) cannot be judge, jury, and bankruptcy competition at the same time. That is a conflict of interest.

They must choose some authority and pull related to the validity of Jim Balsillie as a suitable owner, or they choose bidder, not both. Obviously they are not at liberty to pick who can be a competitor in the bankruptcy. That would not be fair, and would violate law.

It is becoming quickly obvious to all concerned that the shiny new arena in the works in Kansas City (or Vegas) has a new owner’s name all over it. Should we call it the White Knight arena? Nah, let’s hold that thought.

The NHL wants to take ownership, finish an arena deal, hand the reigns over to the White Knight, say bye bye to Jerry Moyes, and slap him on the face on the way out.

One problem.

The NHL bid is now on a level playing field with PSE, and is $72.5 million short.

And, if the NHL thinks it is going to ‘contract’ the league if PSE wins, then they better be prepared to pull out the chequebook. This one’s going to hurt!

The cheque will hurt, and the bigger ‘hurt’ will be the further blackening of the NHL’s reputation.

Jerry Moyes was claimed to have been a poor hockey manager. He claimed himself to not know the business very well, and when he looked for help, there was none to be found. It wasn’t because he didn’t ask. He was simply ignored.

And for that ignorance in civil court, I hope there are certain others, including the NHL, ready to pull out the chequebooks too.

That cheque is really going to hurt!

→ 4 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Balsillie, bankruptcy, Beasley, City of Glendale, Coyotes, Dell, Gretzky, Jobing.com arena, lease, Moyes, National Hockey League, NHL, Phoenix, Reinsdorf

Hey, it's snowing in Glendale, AZ!

Posted on August 27, 2009 | 3 Comments

Every once in a while I get a little soft, and write something that is sappy and boring. Then I think of the injustices suffered in this case. Then, I put those sappy articles back in mothballs and get back to business.

Before I begin, I want to make a personal salute to a ranter on Makeitseven.ca. His name is Patrick Romanoski, and he has to be one of the most persistent diggers of information that I have ever witnessed. He is a wealth of information and wisdom. Patrick, thank you. And, there are several more contributors that I want to mention. Perhaps we can do this over the next while.

For the bullet summary, please go here.

Is it over yet?

No?

OK, where are we now?

We are at the part where the NHL grovels so low that they what? They put their own bid in? No way! Get out! Really?

They say real life is stranger than anything we could possibly think up ourselves. Real life is stranger than fiction.

Did anyone think this case could get any more bizarre than it has? Is it close to over? Is it going to get any stranger?

Let’s think of the fans in Phoenix right now.

They must be suffering some kind of disbelief of what has happened.

At first, the NHL looked like their best friends. What must have been part of their thinking? How about this:

Isn’t Gary wonderful. Go Gary Go! Save the Coyotes! Game On Arizona!

Look, Gary sent us a memo to our rally! He supports the franchise, and says he sees us surviving long into the future.

Hey, did you hear? Jerry Reinsdorf is coming in with a bid, and the NHL supports Reinsdorf. He’s good. He’s got lots of experience and he knows how to make teams succesful. Jerry will be our white knight! Yeah Jerry!

Boy, that Jerry Moyes. He sure ran this team into the ground with poor management. That was it. Just poor management. The other Jerry will show Moyes how it’s done. What? He wants to get $104 million out of the team when he sells? Forget it! He doesn’t deserve it. Go Reinsdorf go! We’re with you! Save the Coyotes!

That was likely pretty close to the thinking of the Phoenix Coyotes fans at the outset of this case.

The NHL had found the white knight.

Now, the white knight is gone. He bowed out under what is described as a negative publicity campaign:

“We have faced an organized publicity effort designed to provide negative and misleading information to interested parties,” it said. “Not only has this stymied negotiations, but it has eroded local market demand for Coyotes tickets, luxury boxes, and sponsorships.”

Okay? Where is the negative publicity effort exactly? Did anyone see a negative PR campaign? Anybody?

I’d like to know how exactly the Balsillie group did this, and where it was from. How did they do it exactly?

Would this be about the collusion accusations from Moyes? Is that it? If so, those were justified accusations.

When it is claimed they had made great inroads in negotiations, would that have included the $23 million in annual concessions requested from a city already laying off staff to suck up the $14 million deficit? Is that it?

I’m sorry, but I do not see any favors to anybody in the negotiations. And the negative publicity? Don’t confuse that with any uncovering of truth that was presented. Don’t bother. Please.

As for the NHL’s promises to the fans of the Phoenix Coyotes.

I feel sorry for the fans in Phoenix because, let’s be real as Dr. Phil, you were fed a lot of snow.

The proof is in the realities that are now apparent.

Fact: Jerry Reinsdorf had incredibly high concession demands, and the city of Glendale would be on the hook for any team financial failures. Not a lot of risk there for anyone but the taxpayers of Glendale.

Fact: The Reinsdorf offer had a five year out clause despite the taxpayers liability. No amount of confidence or risk.

Fact: The NHL’s bid is even less supportive with a one season out clause.

So much for Bill Daly’s press conference where he claimed this in early July:

Daly stressed the new terms would not allow the Coyotes to break the lease in a year or two and move elsewhere.

The NHL must fight for the bankrupt Coyotes to stay in Glendale long-term, he said, to send a message to other cities that have spent money attracting or retaining hockey teams.

Yeah Bill! Go NHL go!

Sorry Phoenix, that was a snowjob!

This week, the NHL has filed it’s own offer with the bowing out of Reinsdorf, and the out clause as you know, is one season. No long term. Not even two years.

What happened to the ‘message’ the NHL wants to send? That was so last month, eh Bill?

This is late August and things are now a lot different. It’s snowing in August in Arizona.’Snow job’ that is.

Well, at the end of the day the NHL has to get it’s act together and get organized.

To that end, we thought we’d throw in this pic of the boys trying out the his and his Blackberries. Do you think they were compliments of RIM?

No way! Gary and Bill BBM'ing each other? Get out!

Anyhow, back to the issues…

What really bothers me is no matter how much exposure of the NHL’s shortcomings are made known, they continue to point the finger at others.

The NHL also cited ongoing harm to the franchise as the bankruptcy proceeding drags on.

“The bankruptcy petition and subsequent events have been incredibly damaging to the club’s business,” Daly said, “and the sooner the club can be extricated from the bankruptcy process, the sooner club personnel can begin to restore the team’s vitality and local fan base.”

Oh, Daly said ‘vitality’ not ‘viability’. OK, I can live with that. In July he said ‘viability’. I get it. Well, at least he is not saying long term viability anymore, especially with the huge lack of confidence the league has shown with that whole one year and out idea in their bid.

How did I get so off track? Well, this case has become a farce. Let’s call it. It’s officially a farce. A sick as all get out joke. A joke that is far from funny, really.

I actually feel sorry for mainstream media. They have to report the facts and the events as they occur.

“OK, now we have the NHL in, and Reinsdorf out, and Ice Edge also filed their bid, and yada, yada, yada”.

Come on! We all know they want to grab a blog and say “what the _____.”

We all want to say, come on!

But, let’s get back to reality for a moment. I will finish with this summary and opinion.

The Coyotes were never just about hockey. The city of Glendale colluded to get rid of Moyes, and they were assisted by certain parties in Glendale and this case, and they were helped also by the NHL. No doubt.

Jerry Moyes was stripped of his money and spat out like a used piece of gum.

The NHL has snowed the fans of Phoenix with a false sense of loyalty, and only now do the true colors of the NHL become obvious.

The NHL and the Reinsdorf group were looking to relocate this team either now, or within five years to another centre that fits the plan of the NHL.

The NHL has painted Jim Balsillie any way they can to avoid him putting a team in southern ontario because of the MLSE objection, and also because they would not get an expansion fee.

The NHL is looking really bad, and really dishonest. Who can trust the heads of this league anymore?

The NHL has shunned the fans of Canada, and is quickly shunning the fans of Phoenix.

Jim Balsillie has a brighter future in the NHL than Gary Bettman, and let’s see who is around in 10 years.

Jim Balsillie, despite being voted against, has been approached by other struggling franchises, and is the true white knight to help the destitute owners.

And, because I can, I have this to add. I hope Jerry Moyes gets his $104 million, and Jim Balsillie gets to move the franchise to Hamilton. I hope Jerry Moyes becomes an honorary lifetime member of the new team. It took great courage to bring this team in to court for the ride we are experiencing.

I hope those involved in hanging Moyes out to dry pay the piper.

I hope the league gets torn to the ground and is rebuilt with true, caring hockey people.

I hope we all learn that it is not OK to treat another human being with utter disrespect.

I hope one day some grown men will grow up and be able to take responsibility for their actions, and admit when they were wrong.

I hope the less than ethical officials at Glendale city hall find themselves not getting re-elected for the abuse of the taxpaying voters.

I hope the rich folks involved in this case learn that money and the quest for more is not what is important in life.

But, to start, let’s get this team to Hamilton, and get Jerry Moyes some money back.

It’s been snowing in Glendale long enough.

→ 3 Comments

Posted in Corruption, National Hockey League, NHL, Phoenix Coyotes, Sports

Tagged Beacon Sports, Ed Beasley, Glendale Arizona, hockey, Ice Edge Holdings, IFG, Jerry Moyes, Jerry Reinsdorf, Jim Balsillie, Michael Reinsdorf, National Hockey League, NHL, Phoenix Coyotes, Redfield Baum, snowjob

Hey, it’s snowing in Glendale, AZ!