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Old 04-14-2005, 06:29 AM   #1 (permalink)
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Fight For Stanley Cup Hits Courts

This is just stupid, now the lawyers think they can make the NHL award the cup to a team who has no right what so ever to hoist the cup. I'm not a fan of the NHL at the moment, but no way do I want to see Lord Stanley's Mug awarded to any team other than a team that has earned the right to hoist the Cup. They want a tournament between the Alberta Golden Bears, the winner of the Memorial Cup and the winner of the Allan Cup, just stupid.

These lawyers should give their heads a shake and think before they do this stupid shit. The amout of sweat and blood that goes into a season, and the play offs, and these guys think the Cup is something they can just screw around with. Lawyers should stay where they belong chasing ambulances and stay the fuck out of hockey.

http://www.canoe.ca/NewsStand/London...96182-sun.html
Quote:
There will be a battle for the Stanley Cup this year -- at least in court. With a lockout having killed the NHL season, a group of recreational hockey players has launched a legal fight in an effort to let other teams have a shot at winning the storied trophy.

The Wednesday Nighters, led by Torontonians David Burt and Gard Shelley and represented by lawyer Tim Gilbert, filed a claim against the NHL and the Cup's trustees in Ontario Superior Court yesterday.

They're seeking a court order declaring that:

- The Stanley Cup is being held in trust for hockey's benefit;

- The trustees are under obligation to award the Cup every year;

- The NHL does not own the Stanley Cup.

If they get their way, they want trustees Brian O'Neill and Ian (Scotty) Morrison to decide on a format to determine a Stanley Cup winner, despite the NHL season's cancellation in February.

One suggestion is a tournament featuring the University Cup champion Alberta Golden Bears and the yet to be determined Memorial Cup and Allan Cup champs, but the group isn't pushing a specific plan.

"I don't want to say that there's a group of lawyers somewhere in Toronto that are trying to tell everybody how the Cup is going to be awarded," Gilbert said. "We're just saying that the Cup should be awarded.

"How it's done is up to the trustees."

A court date is scheduled for July 18, but Gilbert hopes to have that moved up to sometime in May. He figures it will take only about a day to argue the case plus the judge's deliberations before a decision can be rendered. "It shouldn't take too long, I'm not long-winded," he quipped.

Along with lawyer David Donelly and articling student Sana Halwani, Gilbert decided to take up the case for free.

O'Neill declined comment, other than to say the application would be contested.

But in December he told The CP talk that the NHL shouldn't control the Cup had "no legal leg to stand on at all. The Stanley Cup does not belong to the public."

They built on the work started by the Edmonton-based Free Stanley campaign, which obtained a legal opinion suggesting there was legal ground to challenge the NHL's right to retain the trophy.

The court's decision will hinge on determining what Lord Stanley's intentions were when he donated the Cup as a challenge trophy in 1892 and whether the trustees overstepped their bounds when a 1947 agreement (revised in 2000) handed its control over to the NHL.

"We think the 1947 agreement which hands the Cup solely to the NHL is probably something that they were not allowed to do," said Burt, one of the applicants.

In the December interview, O'Neill said the trustees had acted properly and the agreement legally entrusted the Cup to the NHL.

"There's only been nine trustees since the beginning and they've always supported that position," he said. "Only in the event something happens to the NHL does it revert back to the trustees.

"The trustees themselves don't have an active role in administering the trophy at the present time and they haven't really since the 1920s."

The application wants the court to remove any grey areas and establish protocols for what happens if NHL play is suspended indefinitely; who can challenge for the Cup if a rival league supersedes the NHL; and how the Cup is to be awarded if there are future NHL labour disputes.

"We're doing it to settle the terms of the Stanley Cup, how it should be dealt with and whether it should be dealt with yearly, once and for all," said Gilbert.

"We don't take an issue if the NHL is a premier league. But if they start to fall apart, start to use replacement players and there is a real legitimate issue if they're still a premier league, then absolutely, that's exactly what was intended.

"Let's have a challenge Cup, let's make sure that the Stanley Cup goes to the best team playing in the land."

A key part of his argument will be based on instructions Lord Stanley left with an aide in a letter when he donated the Cup.

"I have for some time been thinking that it would be a good thing if there were a challenge cup which should be held from year to year by the champion hockey team in the Dominion of Canada," he wrote. "There does not appear to be any such outward sign of a championship at present and considering the general interest which matches now elicit and the importance of having the game played fairly and under rules generally recognized, I am willing to give a cup which shall be held from year to year by the winning team."

Just because the NHL won't determine a Stanley Cup winner doesn't mean the trophy should not be awarded, argues Gilbert.

"When they look into it, they're going to find out that their rights only derive from Lord Stanley," he said. "And if that's the case, they're going to be arguing shoulder to shoulder saying it was a charitable trust."

Gilbert said the trustees have received at least 50 requests to challenge for the Cup but they were rejected on the basis that the Stanley Cup belongs to the NHL and will only be presented once the lockout ends.

"That we say is wrong in law and wrong in fact," he said.

One of those requests came from the Wednesday Nighters, who wanted to play for the Cup themselves -- white versus black.

"It started off as a lark," said Burt. "But then when we looked into it and we began to think about the broader significance of the Stanley Cup in Canadian history and culture, and when the governor general weighed in on the issue, it really came to us that this is significant.

"The NHL and the trustees of the Cup can't just walk away from it."
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Old 04-14-2005, 06:30 AM   #2 (permalink)
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The stanley cup is for the winner of the NHL playoffs, period

no ifs ands or buts...

[edit]

Opinion reversed, see below post
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Last edited by Ace_O_Spades; 04-14-2005 at 09:03 AM..
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Old 04-14-2005, 06:41 AM   #3 (permalink)
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Would we give the Lombardi to a pee-wee team??? No. Don't give Lord Stanley's Steel to amateurs.
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Old 04-14-2005, 07:02 AM   #4 (permalink)
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I'd be open to the idea of a Mega Series between the top teams in the AHL and OHL and whatever other 'Major Juniour' farm leagues the NHL draws from there are. Maybe top 2 or 3 teams from each league to finish in their own league could participate in a play-offs tournament.

The Stanley cup is in a unique posistion, it wasnt a cup created for the NHL as other major leagues top prize is, it was an award designed to be given to the top team in the land - which was adopted by the NHL.
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Old 04-14-2005, 07:34 AM   #5 (permalink)
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the 1947 agreement should be abrogated for the duration of the time that the NHL does not compete. I agree with that whole heartedly.

It would also serve to remind us that the trophy is an indelible part of the canadian psyche and tradition, not a mere trapping of foreign controlled corporatism. I say there should be a triage of the awarding of the trophy, defaulting to the NHL when it is actually playing hockey, but being defaulted by the NHL when they are not.

At which point it should be awarded as it was before 1947.
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Old 04-14-2005, 09:02 AM   #6 (permalink)
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Quote:
Originally Posted by Janey
the 1947 agreement should be abrogated for the duration of the time that the NHL does not compete. I agree with that whole heartedly.

It would also serve to remind us that the trophy is an indelible part of the canadian psyche and tradition, not a mere trapping of foreign controlled corporatism. I say there should be a triage of the awarding of the trophy, defaulting to the NHL when it is actually playing hockey, but being defaulted by the NHL when they are not.

At which point it should be awarded as it was before 1947.
Yes, I have since changed my opinion after reading many lengthy articles about it online and in the newspaper... And will agree with Janey on this one. I was under the assumption it had been formally and totally adopted by the NHL, but it appears it is only owned by the NHL as long as they are competing.

If the NHL isn't competing, it should revert to the challenge trophy for which it was donated originally, prior to being adopted by the NHL.
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Old 04-14-2005, 09:10 AM   #7 (permalink)
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Here here! let's put this to a vote and make it so! They have to listen to us, the TFP!

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Old 04-14-2005, 06:35 PM   #8 (permalink)
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I think it'd somehow cheapen the cup if it wasn't given to an NHL team, even if they didn't play. Juniors are all the rage in Canada, but they have their only tournament (Memorial cup) just as the AHL has theirs (Calder Cup). You can't give the cup out to a league who already has their own prize, just because the NHL isn't play.

And a tournament is not the answer. The AHL's would own the Juniors, because they are still very raw.
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Old 04-15-2005, 04:45 AM   #9 (permalink)
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I disagree with your first statement, Dr max. For all the reasons that I previously stated. I think it would actually further enshrine the Cup, as an 'objet du pays', something of our nationhood that can be elevated and revered.

The details can be worked out, the important thing is to ensure that a foreign owned corporation (i believe most of the NHL is american) doesn't lay claim to a national symbol. It was a close one with the mounties...

Last edited by Janey; 04-15-2005 at 12:10 PM..
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Old 04-15-2005, 10:53 AM   #10 (permalink)
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Ahhh Janey, you brought up nationhood and well I must say the idea is looking better and better. I now think it would be a good thing to award the Cup of course as long as it goes to a deserving Canadian team. You've done well persuaded two people over to your side well done.
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Old 04-15-2005, 12:08 PM   #11 (permalink)
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I'm blushing. really I'm not so eloquent (if at all) face to face. I'm glad I can state a persuasive argument...
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Old 04-15-2005, 12:17 PM   #12 (permalink)
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I read an article on this the other day. I've always thought that lord stanley donated the stanley cup to the sport of hockey, not the NHL. As such, if the nhl isn't playing someone else should be able to win it for the year.
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Old 04-15-2005, 12:57 PM   #13 (permalink)
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I, for one, welcome Janey in running for Prime Minister of our Country.
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Old 04-15-2005, 05:35 PM   #14 (permalink)
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Quote:
Originally Posted by Antikarma
I, for one, welcome Janey in running for Prime Minister of our Country.
I heartidly endorse this event or product

But yeah, the Stanley Cup belongs to hockey, not the NHL
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Old 04-18-2005, 06:55 AM   #15 (permalink)
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I will run under one condition, that I have Antikarma, Ace-o-Spades, Silent-jay and the rest of you solid citizens of the TFP (Charl, pierre ?) in my cabinet. Help me from making a fool of myself. (my passion is cooking, hockey, my guitar and spirited discussion).
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Old 04-18-2005, 01:52 PM   #16 (permalink)
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Minister of Beer! And foreign affairs!!

What could possible go wrong with a portfolio like that?
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Old 04-18-2005, 04:38 PM   #17 (permalink)
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Shotgun Minister of Mary Jane... Sorry flyman.
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Old 04-18-2005, 10:08 PM   #18 (permalink)
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I have mixed feelings on that. I understand that the cup should be awarded to the best team in the land each year, and that if the NHL isn't playing then it should still be awarded. But the NHL has had control of the cup for so long now that it doesn't seem right that some guy who isn't good enough to play in the NHL could have his name on it due to an NHL. Besides, the winners of the teams that the lawyers want to play each other for it already won the top prise for their league. Shouldn't they stop there? I'd also have to think that by the time the lawyers get done arguing in court, the NHL will be back in session for the new year, and it'll be too late to do anything about it.
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Old 04-19-2005, 04:57 AM   #19 (permalink)
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I agree with your last statement, that it may be a moot point by the time the lawyers get through with it. So... let's say that the NHL plays with replacement players next year, and the cup gets awarded to the winning team filled with:

Quote:
Originally Posted by ForgottenKnight
some guy who isn't good enough to play in the NHL could have his name on it due to an NHL.
????


Is this not even worse? shouldn't the historical intent of the cup be honoured above the recent history of NHL stewardship?

Adrienne Clarkson had some good points back in February, when she suggested that the women should play for it. It may not be supported by the male dominated sentiments in this country, but the IDEA of providing an option during the times that the NHL fails in its stewardship of the cup is the important thing here.

It should be a simple business process, not requiring the enrichment of corporate lawyers to achieve...
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Old 04-19-2005, 05:08 AM   #20 (permalink)
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the best team in hockey this year should get their names on the cup as it belongs in the public domain, not in the NHL.
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Old 04-19-2005, 08:36 AM   #21 (permalink)
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I'm torn in between the female players and the junior players. Not to be a feminist bashing caveman, but I've seen the twinkle in MY kids eyes when they got to see the cup. Now you imagine those kids playing for it....

It'll never happen, but this is why the world isn't run by people like me I guess.
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Old 04-19-2005, 08:43 AM   #22 (permalink)
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The Stanley Cup is public property?

Every day I think I've heard the stupidest thing that can be said.

The next day I am proven wrong.

It belongs to the NHL, PERIOD.
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Old 04-19-2005, 09:15 AM   #23 (permalink)
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Quote:
"I have for some time been thinking that it would be a good thing if there were a challenge cup, which would be held from year to year by the leading hockey club in Canada. There does not appear to be any outward sign of a championship at present, and considering the interest that hockey matches now elicit, I am willing to give a cup which shall be held annually by the winning club."

The first winner was a Montreal team that finished atop the Amateur Hockey Association of Canada, considered the best league going at the time. But in its early years, the prize was not exclusive to one hockey league, nor was it meant to be. It was a challenge cup, changing hands in much the same way as a boxing title. Contenders issued challenges, and the champions held the Cup for as long as they could fend off all comers. Independent trustees ensured that legitimate challenges were met on a regular basis.
http://proicehockey.about.com/od/sta...tanley_cup.htm


I'll be glad when all this ends, I want someone to play for the Cup
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Last edited by silent_jay; 04-19-2005 at 09:17 AM.. Reason: i can't spell
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Old 04-19-2005, 09:29 AM   #24 (permalink)
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I like the idea that it should go to the winner of the Women's hockey league... at least they are playing...

The cup does not belong to the NHL... they are only trustees.

Janey for PM!

Can I be the Minister for Porn and Adult Entertainment?
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Old 04-19-2005, 09:46 AM   #25 (permalink)
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Heh, Minister of Porn, Minister of Beer, our government is going to rock. Just think about the cabinet meetings.

My first step is going to be to take over Molson. Government property. Think of it as a power plant, because realistically, it is.
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Old 04-19-2005, 10:16 AM   #26 (permalink)
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Quote:
Originally Posted by Antikarma
Heh, Minister of Porn, Minister of Beer, our government is going to rock. Just think about the cabinet meetings.

My first step is going to be to take over Molson. Government property. Think of it as a power plant, because realistically, it is.
You forgot the minister of weed!

Damn western bias! Always forgetting about BC in the federal government.
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Old 04-19-2005, 10:55 AM   #27 (permalink)
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Can I handle US relations? I'll straighten those fuckers in the White House out.

Also I'd like to be part of Ace's meetings so I can get in the right ummm frame of mind to deal with chuckleheads in the White House.
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Old 04-19-2005, 11:49 AM   #28 (permalink)
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Quote:
Originally Posted by Ace_O_Spades
You forgot the minister of weed!

Damn western bias! Always forgetting about BC in the federal government.

if you're going to be the Minister of Weed, you have to consider holding your meetings in a beer kettle at the Molson's brewery in Barrie. Oh, and nationalize Coors while you're at it, so they stop making that atrocious excuse for a brew...
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Old 04-19-2005, 11:52 AM   #29 (permalink)
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Let's make UniBrou the national brewery... where's flyman? He should be the minister of agriculture...

Ace! We wouldn't forget BC if you didn't keep making such powerful weed...
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Old 04-19-2005, 12:11 PM   #30 (permalink)
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Quote:
Originally Posted by Lebell
The Stanley Cup is public property?

Every day I think I've heard the stupidest thing that can be said.

The next day I am proven wrong.

It belongs to the NHL, PERIOD.
Funny, I thought the same thing.

The NHL are trustees for the cup, they don't own it. Lord Stanley issued the cup back in 1893 to the public to be held by trustees and given to the winning team of that year.
75 odd years of trusteeship doesn't turn into ownership.
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Last edited by splck; 04-19-2005 at 12:16 PM..
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Old 04-19-2005, 12:27 PM   #31 (permalink)
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Even the stewards of Gondor had to bow down to the return of the King...
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Old 04-20-2005, 11:17 AM   #32 (permalink)
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Quote:
Originally Posted by Janey
Even the stewards of Gondor had to bow down to the return of the King...
so true... they got pretty burninated right there at the end eh?

as minister of weed, Today, April 20th, is now a national holiday.
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Old 04-20-2005, 11:19 AM   #33 (permalink)
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All celebrate 4/20
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Old 04-20-2005, 11:24 AM   #34 (permalink)
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Well heck, if we're handing out holidays....

As Minister of Beer and Foreign Affairs I hereby decree the Month of May to be "Get drunk and hang around the house watching the playoffs and not working" month.

The beer is subsidised now, after all.
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Old 04-21-2005, 11:45 AM   #35 (permalink)
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May is Masturbation month... so in an effort to promote my purview, as Minister of Porn...

Free porn for everyone! (18+ only)
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Old 04-21-2005, 06:01 PM   #36 (permalink)
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Quote:
Originally Posted by splck
the best team in hockey this year should get their names on the cup as it belongs in the public domain, not in the NHL.
There is probably no question or doubt in anybodys mind that by now, the best NHL team deserves the Stanley Cup.

While our team in Rochester was the best professional hockey team in North America this regular season, it would be ridicules to imagine them winning anything other than the Calder Cup.

Hockey has been embarassed enough this year. Lord Stanley should just spend another year on the beach in Tampa Bay, relax, get well rested and then get ready to spend the next glorious year in Buffalo, where he truly belongs.

OK, I admit, I'm lobbying to be Minister of Dreams Coming True...........
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