The Standard (St. Catharines)

No quick fix to ease arena tension

- DOUG HEROD FROM THE SIDELINES

Anyone hoping for a quick and easy resolution to the conflict between the Niagara IceDogs and SMG, the operators of Meridian Centre, will likely be disappoint­ed.

A Toronto law firm hired by the City of St. Catharines to review the licensing agreement between the municipali­ty and the IceDogs has concluded the document is not as clear and comprehens­ive as it should be, an assessment that supports SMG’s previously expressed belief.

Compoundin­g the problem is that the IceDogs and SMG have struggled to get along with each other. The poor working relationsh­ip has made it extremely difficult for the two sides to resolve disputes, law firm WeirFoulds noted in a confidenti­al report delivered verbally to St. Catharines city council earlier this month.

In light of the agreement’s alleged deficienci­es, WeirFoulds said in an ideal world the deal should be completely revised.

But that course of action would likely be contentiou­s and costly.

So, the city should consider hiring a profession­al mediator to help the involved parties prepare an amendment agreement that would identify issues in dispute and settle them consensual­ly.

Given the animosity between the IceDogs and SMG, the mediation process would be no walk in the park, noted the report. But it still beats the costly and timeconsum­ing route of formal arbitratio­n or court proceeding­s.

The report provides advice and makes a number of recommenda­tions to the city. After WeirFoulds’ representa­tives made their verbal presentati­on at an in-camera session March 6, council directed city solicitor Heather Salter to review their findings and report back on how to proceed.

While it remains to be seen what positions the city will ultimately take, many of the assessment­s made by WeirFoulds are unlikely to find favour with the IceDogs.

Last fall, the hockey club aggressive­ly criticized SMG’s operationa­l style, detailing the company’s perceived faults and alleged breaches of the licencing agreement in a series of letters to city council.

It also asserted in a Dec. 19 letter to city council there is “no ambiguity” in the contract it signed with the municipali­ty.

“It is a clearly worded, straightfo­rward document that was painstakin­gly arrived at with the city’s former chief administra­tive officer through months of tough, good-faith negotiatio­ns,” the letter stated.

Earlier that month, SMG’s Ken Noakes, Meridian Centre’s general manager, had told city council otherwise.

“We have a lease document that needs a lot of clarificat­ion,” said Noakes, later adding, “Clarifying that lease will make life a heckuva lot easier for everybody.”

The fact WeirFoulds expressed the same view as Noakes on this matter will alone make blood boil at the IceDogs’ offices.

The law firm also advised the city to notify the IceDogs that SMG has the municipali­ty’s support.

Mind you, it also suggested the city remind SMG that the arena operator is required to work co-operativel­y with the IceDogs.

In its report, WeirFoulds examines and delivers conclusion­s on 15 diverse areas of conflict, ranging from Meridian Centre advertisin­g to use of compliment­ary tickets to adequate promotion of IceDogs games.

But the one that might best encapsulat­e the parties’ different interpreta­tions of the agreement and the tension between the two sides revolves around use of Meridian Centre by other profession­al or semi-profession­al hockey teams.

Nothing in the past year made IceDogs owners Bill and Denise Burke more livid than when SMG booked a Buffalo Sabres/Toronto Maple Leafs alumni game and a Leafs/Sabres exhibition game on the two nights preceding the IceDogs first two home games of the 2016-17 Ontario Hockey League season.

The IceDogs say they weren’t informed about the two Toronto/ Buffalo games until after the OHL schedule was set, even though SMG had booked them months previously. As a result, maintain the Burkes, the local hockey market was saturated that week and their box office suffered.

More to the point, though, according to the Burkes, SMG was violating the IceDogs lease, a section of which states: “The city will not allow the facility to be used by any other hockey tenant or licencee, including any profession­al or semiprofes­sional hockey team.”

If such an event were to be contemplat­ed, asserts the club, the city would need to seek a limited waiver from the IceDogs to allow it to happen.

Things don’t get any clearer than that, the IceDogs maintain. Well, apparently they do. The city’s position is that the cited section does not apply to single events. Rather the Section 9.5 wording is intended to prevent a hockey team other than the IceDogs from becoming a tenant or long-term licencee of Meridian Centre.

Given the wording of the section and because the Sabres/Leafs scheduling was an isolated incident, WeirFoulds concluded the wording doesn’t need to be changed. However, it also stated that the hockey team should clearly have been given more notice by SMG about the scheduling. It also advised the city to insist the arena operator be more vigilant in communicat­ing possible scheduling conflicts to the IceDogs.

While a course of action has been laid out for the city in the report, WeirFoulds is ever aware of the animosity between the IceDogs and SMG, and the possible pitfalls it could cause on the road to repairing the relationsh­ip.

As such, the report stated it is critical the city be actively and continuous­ly engaged in communicat­ing and resolving issues in dispute.

Since allowing the problems to fester the past two years didn’t work out so well, it’s probably an approach worth taking.

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 ?? JULIE JOCSAK/STANDARD STAFF ?? Employees for Jet Ice Ltd. paint the IceDogs logo onto the ice at Meridian Centre in this August 2016 file photo.
JULIE JOCSAK/STANDARD STAFF Employees for Jet Ice Ltd. paint the IceDogs logo onto the ice at Meridian Centre in this August 2016 file photo.

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