Collector alleges Knights jersey malfeasance
The London Knights are being sued for fraud over a Mitch Marner jersey.
Scott Galbraith, a Londoner and diehard fan of the reigning Memorial Cup champions, alleges the black No. 93 sweater he paid nearly $4,000 for after winning a Canadian Hockey League-run online auction in May is a fake and not the one the Maple Leafs firstround draft pick donned during the 2015-16 season, as promised, in a statement of claim filed Tuesday.
The Knights, the CHL and the Hockey Hall of Fame — which received Marner’s Memorial Cup game-worn jersey as an artifact after the final game — are named as defendants in the $100,00 claim, $80,000 of which is for aggravated and punitive damages.
Galbraith is a longtime collector who has owned more than 250 game-worn hockey jerseys ranging in value from $250 to $10,000. There is plenty of fraud in his hobby, so he has learned over the years what to look for in identifying genuine articles.
“I was hesitant when I went to pick up (the sweater from the Knights’ merchandise store),” Galbraith said in a phone interview Tuesday. “It was eight or nine weeks after (winning the auction item) and I only got attention (from the team) after threatening legal (action).
“As soon as I opened the top of the bag, the No. 93 was exposed and there were puck marks in long, straight lines and right away by looking at the wear, I knew it was fake. That was my red flag.”
The claim alleges that in “creating a false letter of authenticity to provide to the plaintiff in attempting to pass off the fake game-worn jersey as (authentic), the Knights acted recklessly and fraudulently.”
“It’s being alleged by people like (Knights governor) Trevor Whiffen that he got a game-worn jersey and Scott’s just not happy with the games it was worn in,” Galbraith’s lawyer, Gene Chiarello, an ex-Knights goalie, said. “That’s not the case at all. We’re alleging it wasn’t worn in any games — regular season, playoff or Memorial Cup.”
The Knights insist Marner wore the jersey given to Galbraith during this past season. The club also recovered the Memorial Cup sweater and said it offered it to the collector, but was turned down after asking him to sign a release.
“We had an offer open for eight days to get back the Memorial Cup sweater,” Whiffen said. “All he had to do was sign a release. Don’t tell me it’s just about the sweater. We offered him the sweater on Aug. 11 and finally withdrew the offer on Aug. 19.
“You had a chance to get the sweater and they still wouldn’t settle.”
Galbraith wants the sweater he said he bought without spending any more money for it. He also wants to protect his hobby and the good name he has built over many years in the collectibles community.
“I’m known in my hobby group as the Knights guy (when it comes to this kind of memorabilia),” he said. “It’s not a Babe Ruth ball or anything, but for our group, the Marner jersey was the big thing this year. If I give in or lose this ... there are a lot of people who trust in my opinion.
“I still have a lot of love for the Knights, but I didn’t want to sign anything. It’s just been a big disappointment so far.” A statement of claim contains allegations not yet tested in court.
No statements of defence have yet been filed.