| | Associated Press
OTTAWA -- An Ontario court judge refused Tuesday to hear
Alexei Yashin's bid to overturn an arbitrator's decision which
dictates he owes one more season to the Ottawa Senators.
Ontario Justice Douglas Cunningham threw out Yashin's attempt to
have the ruling examined.
"We obviously think it's the right decision," said Bill Daly,
the NHL's executive vice-president and chief legal officer. "We're
hopeful it means that Alexei Yashin will come back to play hockey
for the Ottawa Senators."
In his ruling, Cunningham concluded that Yashin, as an
individual, didn't have standing to bring the application for
judicial review, something he said would more appropriately be done
by the player's union.
Yashin's lawyers argued Boston arbitrator Lawrence Holden had
overstepped his boundaries when ruling June 28 that the star
forward was not eligible to become a Group 2 restricted free agent
and had to fulfill the final year of his contract at $3.6 million.
"All the arbitrator's decision does is determine that Mr.
Yashin's contractual obligations have not expired and that he
continues to be bound by the positive and negative terms of the
standard players contract," Cunningham wrote in his judgment.
"(The player) cannot now choose not to perform the remainder of
his contract while at the same time claiming entitlement to the
additional benefit of free agency."
Yashin had walked away from the team after much bickering and a
1998-99 early playoff loss -- in which he contributed no points
against the Buffalo Sabres. He sat out all of last season, but
practiced in Switzerland and played for his native Russia at this
past spring's world championships.
With the final year of Yashin's contract expired, his lawyers
considered their client a Group 2 free agent by virtue of his five
years in the league.
But his status remained in doubt and was further confused by
Senators owner Rod Bryden's pledges to never trade the 26-year-old.
Holden's decision in June seemed to have cemented Yashin's
future -- any return to the NHL would involve a return to Ottawa.
Yashin's lawyers jumped on that point.
They argued Holden's ruling prevents Yashin from playing
professional hockey anywhere other than in Ottawa, effectively
turning the agreement into a personal service contract, "something
which the arbitrator had no jurisdiction to do."
Lawyer Fred Seller argued the ruling amounted to "nothing short
of perpetual worldwide servitude."
Yashin did not appear in an Ottawa court last week although his
parents did.
More conspicuous by its absence, however, was the players'
association, which chose not to back Yashin's bid to try to
overturn the decision.
"The concept that people have to perform under their contracts
-- we think that's a helpful precedent," said Daly, who added
Yashin's case was "an isolated incident.
"But by the same token we thought it was a very important
concept to have established judicially."
Calls to Seller were not returned. | |
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