Judge orders another hearing in Coyotes bankruptcy case

There will be more arguments heard in court before Judge Redfield T. Baum decides who controls the beleaguered Phoenix Coyotes.

There will be more arguments heard in court before Judge Redfield T. Baum decides who controls the beleaguered Phoenix Coyotes.

Baum has called an emergency hearing for Wednesday to give NHL lawyers an opportunity to present arguments against Jerry Moyes’ request that the league be forced to mediate “key sale issues” in the complicated case.

It was expected that the next major development in the Coyotes saga would come in the form of a written ruling from Baum after he oversaw an auction for the team on Sept. 11 but he continues to ponder that decision.

Moyes, who placed the team in Chapter 11 bankruptcy back in May, asked for the emergency hearing in court filings last week after the NHL rejected his request for mediation. The judge granted the hearing on Monday.

The NHL team’s former majority owner believes that a session with San Francisco-based mediator Antonio Piazza might produce the best possible result for creditors.

“Considering the amount of fees associated with continued disputes in this court regarding the sale process and what could be a protracted appellate process (depending on how the court rules), the debtors believe that a good-faith effort to arrive at a mediated resolution of the key sale issues would be in all parties’ interest,” the Moyes filing said.

The NHL and Glendale filed objections on Friday to any mediation. Balsillie’s camp submitted a document on Monday in support of it.

The league believes there is nothing worth discussing.

“The NHL board of governors voted unanimously to disapprove Mr. Balsillie as an owner,” the NHL said. “As a result, his qualification to become an owner is not something that the NHL can compromise, and it is not something the NHL is willing to mediate.”

The issues Moyes would like to see resolved in mediation include the potential transfer of ownership to Canadian billionaire Jim Balsillie, the timing and feasibility of relocating the franchise to Hamilton and the fee owed to the league for such a move.

Baum has said in court that he would like to see the sides come together but doubted that it was possible after everything he had heard and read.

The judge has been mulling over Balsillie’s bid of US$242.5 million and the NHL’s offer of $140 million. He also raised the possibility that neither side might get the team.

At the auction hearing, the largest unsecured creditor (SOF investments), city of Glendale and the committee of unsecured creditors all spoke up in favour of the league’s bid. Moyes was the lone party to back Balsillie.

There remains no timetable for a decision on the matter, although Baum has said he hoped to make a ruling before the start of the regular season. The Coyotes are scheduled to play their first game in Los Angeles on Oct. 3.

Even after the end of the auction, court filings have continued — including a document from Balsillie’s lawyers on Monday intended to strengthen his case.

The Balsillie camp filed a submission that suggests NHL teams hold veto rights over their home territory — something the league has denied in court — citing a recent interview with Ottawa Senators owner Eugene Melnyk on Toronto radio station The Fan 590.

The veto issue was raised in the Coyotes case because Balsillie’s bid for the team is contingent on a move to Hamilton — a city that falls within the Maple Leafs territory.

During Melnyk’s Sept. 17 radio interview, he noted that he’s not allowed to schedule an exhibition game for the Senators at his OHL team’s arena in Mississauga, Ont., because it falls in Toronto’s territory.

Balsillie’s lawyers acknowledged the late timing of the filing, but noted that the admission “might affect which bid should prevail.”

Just Posted

Avid Penhold climber Catlin Hannah’s death a reminder of the dangers of scrambling

Hannah never returned from his Mount Smuts attempt on Aug. 12.

Children, elderly at risk as smoke from distant fires hangs over parts of B.C.

VANCOUVER — Thick smoke blanketing British Columbia communities far from any flames… Continue reading

Trudeau: no apologies for heckler encounter, pledges to call out ‘hate speech’

OTTAWA — Hate speech and the politics of division are creating a… Continue reading

Rocky Mountain House RCMP charge woman with drug trafficking

Rocky Mountain House RCMP have charged a woman with drug trafficking after… Continue reading

WATCH: Medicine River Wildlife Centre opens new playground

The grand opening of the playground was Saturday morning

Police chiefs want new data-sharing treaty with U.S. as privacy questions linger

OTTAWA — Canada’s police chiefs are pressing the Trudeau government to sign… Continue reading

Pope on sex abuse: “We showed no care for the little ones”

VATICAN CITY — Pope Francis issued a letter to Catholics around the… Continue reading

Ottawa announces $189M to extend employment insurance for seasonal workers

ESCUMINAC, N.B. — Ottawa has announced $189 million for an employment insurance… Continue reading

Trudeau formally announces he’ll run again in next year’s election

MONTREAL — Justin Trudeau will run again in the 2019 federal election.… Continue reading

Smoke from B.C. wildfires prompts air quality advisories across Western Canada

VANCOUVER — More smoky, hazy air is expected to blanket much of… Continue reading

Anti-pipeline protesters released days before weeklong jail sentences end

MAPLE RIDGE, B.C. — Several pipeline protesters were released from a British… Continue reading

All eyes on Andrew Scheer as Conservative convention set for Halifax

OTTAWA — After a week of internal caucus squabbles, Conservative Leader Andrew… Continue reading

Trump says his White House counsel not a ‘RAT’ like Nixon’s

BRIDGEWATER, N.J. — President Donald Trump insisted Sunday that his White House… Continue reading

Most Read

Five-day delivery plus unlimited digital access for $185 for 260 issues (must live in delivery area to qualify) Unlimited Digital Access 99 cents for the first four weeks and then only $15 per month Five-day delivery plus unlimited digital access for $15 a month