Ceebee Stars wins case with Avalon East league
AESHL forced to pay $10,000 for profits earned in 2010-2011
The CeeBee Stars’ string of good luck extended into the court room last week as the team won its lawsuit with the Avalon East Senior Hockey League.
Late last week, the Compass learned that the CeeBees will be awarded the sum of $10,000 and its costs from the AESHL.
Dating back to the summer of 2010, the CeeBees were looking for the money it felt it was owed at the end of the league’s 2010-2011 season.
At the end of that season, the Harbour Grace team decided to move into the new province-wide Newfoundland Senior Hockey League at the start of the 2011 season. As it had been given in previous years, the club expected $10,000 to be paid for their participation in the league during the 2010- 11 season and the Herder Memorial Trophy championship series in that year.
“We just felt that we deserved the money, we participated in the league for that season and the Herder was quite successful,” said executive member Ian Moores, who testified on behalf of the CeeBees.
Brought before the Judge David Orr, the AESHL argued that the money was not paid because money paid to teams were voted on and approved from league revenues at the beginning of each season for the use of the team in the coming year.
Since the CeeBees were not in the league at the start of 2011, the AESHL argued that they were not owed the money.
Ian Kelly, on behalf of the CeeBees, argued that the CeeBees were entitled to the money because of a profit sharing agreement with the AESHL.
David Brazil, a current executive member with the AESHL, testified payments made to teams was to offset expenses for the coming season and not as a part of a revenue sharing agreement.
Documents entered into evidence, with the heading rebate, states that each team was to receive $10,00 from Herder profit. A second document was minutes from an Oct. 12, 2010 meeting states that Southern Shore, which left the league after the 2010 season, received the same sum of money following the Herder Memorial Trophy final that year.
With these documents, it became clear to the judge that money paid to each team was a part of a revenue sharing agreement and not designed to offset the cost of a new season.
Moores s a i d th ere were attempts between the club’s lawyer and the league’s, Stephen Marshall , to come to a deal before going to court, but that did not materialize.
When it did go in front of a judge, the club felt they had a “strong case.”
“We weren’t greedy and we didn’t try to get any more than anyone else. We felt we were entitled to the money and I’m glad the judged agreed,” said Moores.
CeeBee Stars’ coach and executive member Ian Moores.