Yashin Suit to Proceed

Senatorial Discretion: Fans' Suit Against Yashin Allowed

Ontario court refuses to dismiss claim; cites 'entertainment package'

Ottawa, January 6, 2000 -- In an interview a few weeks back, I was asked to comment about an ongoing lawsuit brought by a group of fans against Ottawa Senators' holdout Alexei Yashin. As many of you are aware, Yashin has refused to perform the final year of his contract with the team, claiming that his salary of $3.6 million (U.S.) was paltry. The team suspended him in November. [click here for Senators' Yashin Problem, Team Threatens to Sue Yashin and Fans Sue Yashin ] In addition to the fans' suit, the Yashin saga has produced a grievance by the union regarding his free agency status after this season.

In the interview, my comment was that it would be difficult for a group of fans (ticketholders who contracted with the team, not the player) to prevail. However, the fans received a boost in their quest when Ontario Superior Court Judge Michael Charbonneau ruled that the $27.5million suit against Yashin and his agent Mark Gandler filed on behalf of Senators' season ticket holders could proceed even though the laws in area are not well developed. Yashin is in a contract dispute with the Senators.

In his 17-page decision, Charbonneau stated "in recent times courts have attempted to give monetary damages for the loss of enjoyment or dissatisfaction with the product purchases when the plaintiff has entered into a consumer contract for some sort of entertainment package...The plaintiff here has pleaded such a loss." Yashin's decision not to honor his contract and play this season interfered with the contractual relationship between the season ticket holders. [to read text of case, click here]

Interference with Contract

Arthur Cogan, the lawyer representing the fans said the decision is the first time that fans have been allowed to sue a player who did not honor his contract with a team. According to the Ottawa Citizen, Yashin "will be required to go before a court examiner for a deposition." Yashin and Gandler will also have to "produce documents such as memos and contracts." The pre-trials procedures will certainly add further embarrassment to Yashin.

The basic argument is that Yashin's action constituted an interference with the fans' contract to see the product. The concept is not purely a contract claim, but rather a tort (civil liability) claim against Yashin. Because it is grounded in tort law, the potential for damages will be greater.