Hambone wrote: Tue Oct 17, 2017 8:19 pm
Toppy Vann wrote: Mon Oct 16, 2017 10:17 pm
It's a factor that a seller in declaring outstanding litigation but if this is the hangup I can't see anyone buying a team as this issue will not go away with a couple of lawsuits.
Every business is open to lawsuits. As such whoever owns the club in the future could be sued at any given time for any number of reasons. You're correct that the concussion issue won't go away. However from what I'm reading into this situation the courts dismissed Bruce's suit as being something for labour arbitration to rule over. Bruce's camp contends that players are independent contractors who would not be served by that process. If the Supreme Court upholds BC courts ruling then Bruce's suit is dead and with it likely the $200M class action suit given the precedent set in Bruce's case. If however SCOC decides to hear Bruce's case and he is successful it will be game on for the other case. If the CFL happened to lose both it could turn a $15M or $20M purchase price into a $35M or $40M bill.
The class action suit covers retired players going back to 1952 before BC even joined the league. If their case fails now taking thousands and thousands of players out of the mix it's hard to imagine the likes of another $200M suit hanging over the heads of the league and its teams anytime soon.
Good points.
Clearly lawyers love a situation where they can get an SCC ruling that opens the gates for more individual litigation for concussions/injuries, etc.
I've not familiar with the class action of players back to '52 and its arguments or merits but most attempted class actions fail in Canada as the defendant can readily show that they didn't handle these cases as a class (thus everyone in the class got the same lousy handling) but on their individual merits.
The CFL might not be taking a sufficient strategic, long term view of the head injury issue (nor are other pro leagues) to eliminate head shots entirely from the game. It won't help going back on the prior cases, but in future it'd be a better protection.
The arguments against this from the neanderthals is 'we may as well play flag football' versus what others see as issues that could lead to people not wanting to own football teams and as Malcolm Gladwell says is a "moral abomination" (I disagree with this btw).
https://www.si.com/nfl/2014/11/13/malco ... new-yorker
I look at this head issue from the four vital perspectives:
1. growth and health of football from early ages on up to the pros such that it doesn't become a despised sport like boxing kinda fell into;
2. prevention of lawsuits that make owning a team the last thing a rich owner will want to do;
3. loss prevention of valuable assets to unnecessary injuries from head shots and shoulder 'tackles' where players deliver massively hard hits like the Naaman Roosevelt legal hit that end the guy's season virtually and end the kind of great play the CFL had been seeing from him; and most importantly,
3. the health and well being of the athletes who play this game.
The former CFL player and SFU HC Rod Woodward who died with CTE and even stole money from his clients. Those of us who knew Rod find it unfathomable that he'd steal a t-shirt, let alone client money. His family describe his later years as something that I certainly never saw from a HC who was classy and a man of integrity. No one who knew him ever said - 'i always knew he was a bad guy' as he wasn't.
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The strength of the current owner is his absolute commitment to not interfering in the team other than his oversight and approval role (something his health and distance has hindered). This overextended strength has led to the owner not wanting (so it seems) to see Wally's succession plan for HC and ensuring he developed his assistants. Sir Purcival suggests mentoring best done elsewhere - I agree as Wally from what i can recall hasn't developed HCs. In US football (college and pro) there's been Phd dissertations tracing Head Coaches from the likes of Bear Bryant etc. It'd be a short list for Wally.
While no one can question Dennis Skulsky's commitment to the local community and the team, it was a choice to replace Bobby Ackles that brought a skill and experience set to the role that completely missed the mark as to what this team needed at the top. Now he's part time (?) and I read recently that Wally said he's basically running it all by himself.
Internally there seems to be no President. Not sure of Chayka but clearly you want someone who is not just a pillar of the community as President but someone who can bring creativity to marketing and engagement with fans and sponsors - a huge task on limited dollars.
The problem with a football team is that there aren't highly experienced owners who call up and have them buy and come in with a blueprint for success.
Ottawa has to be model given what they've done so far.