MSL to appeal OLA decision, could consider legal action

Matt Vinc, Peterborough Lakers 2018 (Photo: Dave Fryer)

The Peterborough Examiner reports that this past Thursday, the Major Series Lacrosse executive voted to appeal the Ontario Lacrosse Association ruling that requires the league to revert the Excelsiors back to Brampton from Owen Sound by the end of the month or face significant disciplinary action.

“If the MSL does not comply by April 30, the OLA stated it will no longer recognize the MSL executive and will assume the oversight of the MSL season,” the Examiner article states. “It will also suspend commissioner Doug Luey for five years. The MSL has until April 25 to appeal the ruling.”

In addition to meeting the requirement specific to the Excelsiors being moved back to Brampton, as reported by The Lax Mag last week, a second requirement pertaining to 49 missed or late payments for drafted and protected players must also be met by the same deadline.

Mark Steenhuis, Peterborough Lakers 2015 (Photo: Dave Fryer)

In August of 2021, the OLA had previously requested supporting documentation to validate a 2018 transfer of ownership between the Brampton Excelsiors Lacrosse Club and the owner of the Bug Juice brand (recently marketed as “the #1 children's drink sold nationally"), Joe Norton, who has since attempted to move the club to Owen Sound due to a lack of fan support.

As reported by the Owen Sound Sun Times soon after last August’s request by the OLA, lawyers outlined numerous concerns with the 2018 transfer of the Excelsiors between former BELC President Ziggy Musial (on behalf of the BELC) and Norton.

At its Aug. 18 meeting, the OLA’s board of directors discussed legal advice from the Orillia-based law firm Downey Tornosky Lassaline & Timpano on the sale and proposed move of the Excelsiors to Owen Sound.

The law firm provided the OLA with a four-page summary of its findings regarding the legality of the purported sale of the Brampton Excelsior Major Series Lacrosse team (the “Major Excelsiors”) by the Brampton Excelsior Lacrosse Club (BELC), and the possible relocation of the team to Owen Sound”.

In the summary, the law firm highlighted several concerns with the 2018 transaction from the documents provided. Those concerns include whether conditions of the sale regarding necessary approvals were satisfied, whether Norton’s Michigan-based corporation has the necessary authorization to conduct business in the province of Ontario, and whether the proper documentation for a “transaction of this nature” was obtained prior to the sale and shared with all necessary stakeholders.

The law firm suggests the OLA asks to see a signed agreement of purchase sale, corporate authorizing resolutions, a bill of sale, and receipts, among other documentation.

The OLA said in its letter it wants to ensure it is acting within the “framework of the Ontario Corporations Act and the best interests of the Ontario Lacrosse Association”.

Eight months later and it appears none of the supporting documentation has been submitted to the OLA, which has led to the association’s recent deadline demands.

In the Examiner article, Peterborough Lakers spokesperson Brian Cowie told the paper that the MSL executive object to an earlier alleged appeal made by an alumni group, Excelsiors Lacrosse Legacy Association, as seemingly why this matter should not be looked into by the OLA’s Board of Directors.

“They’ve given standing to a group of people who are life members but shouldn’t have been given standing as an appeal group,” Cowie told the Examiner. “They’re not a team. They don’t pay any dues. They don’t have any registration fees. They’ve given their decision but they haven’t given us any reasons behind it to support why they made these decisions.”

As stated in the OLA Board of Directors meeting minutes and reported by The Lax Mag last week, two motions were voted on by the board back in August of 2021.

The first read, “To approve the franchise sale and relocation of the Brampton Major Excelsiors, based on the information provided.” That motion was defeated.

The second said, “To direct the commissioner of Major Series Lacrosse, as the governing league in which the Major Excelsiors lacrosse team participates, to resolve this matter between the stakeholders consistent with the requirements as outlined in the attached document, prior to returning the matter to the OLA’s Board of Directors for final approval of the sale and/or relocation of the franchise.” That motion was carried.

It's believed that the attached document mentioned in the motion gave exact reasons as to why the board made their decision, as well as the sale-specific supporting documentation the OLA’s lawyers advised them to obtain through request in order to validate the legitimacy of the April 9, 2018 signed transfer agreed between Musial and Norton (see the agreement here).

Cowie also told the Examiner that if the MSL appeal is unsuccessful, the league would consider legal action, “Because there seem to be a calamity of process errors on their part.”

Tyson Bell, Six Nations Chiefs 2019 (Photo: Dave Fryer)

The Excelsiors are not the only club to have recently and publicly expressed financial frustrations operating within the league.

In November of 2020, the Six Nations Chiefs communicated concerns over their future in MSL, even flirting with the idea of folding due to a lack of fan and sponsorship support. Since those comments, the only Senior A level of lacrosse played has been the MSL Classic (a mini month-long exhibition season) due to pandemic-related restrictions. All MSL teams, including the Chiefs, took part in the Classic except for the Lakers.

“There’s more to it than just fan support or lack of fan support,” Chiefs President Dewey Jacobs told The Expositor. “For our organization, it’s hard for us to see any future in the league, really. The league is in a tough spot. The league has a lot of things to figure out.”

Last month, The Lax Mag reported that the Premier Lacrosse Lacrosse will no longer allow its players to take part in any non-PLL leagues during their season of play, which would include both the MSL and Western Lacrosse Association.

During the MSL’s last full season prior to the pandemic (2019), over two dozen players that have since or are expected to compete in the PLL this year also suited up in MSL that summer.

MSL’s proposed 2022 regular-season schedule is slated to start in exactly one month. The league has until Monday, April 25, 2022 at 5pm (EST) to submit their appeal.