Despite the recent news that the Pembroke Lumber Kings have been sold to local McDonald’s owner Brian Johnstone, lawyers representing former PLK owner Alex Armstrong and the Central Canada Hockey League (CCHL) met by teleconference before a judge today.
At issue is the assertion by Trent Morris, the lawyer representing Armstrong (2695193 Ontario Inc.), that the sale of the team by the CCHL to Johnstone should be challenged while the matter remains before the court. Morris is, in effect, asking the court to temporarily stop the league from making any changes involving the Pembroke Lumber Kings (PLK) franchise until the legal dispute is resolved.
A statement released by Morris on July 9, seeking injunctive relief before the Superior Court of Justice, reads in part:
“An order prohibiting the CCHL from taking any steps in furtherance of its stated intention to either sell the PLK Membership or seek applications for new membership in the Pembroke area, pending further Court order or written agreement between the parties, all subject to such terms and conditions as the Court may require to preserve the balance of convenience between the parties and protect the final rights of the parties.”
Among the many areas of concern in the matter is the use and ownership of the name “Pembroke Lumber Kings.” Both sides agree there is no clear documentation establishing legal ownership, as the team has operated under that name through numerous owners since 1961, with roots dating back as far as 1898.
Morris goes on to challenge the matter further, stating that a news release issued to local media was, in his view, false. He states in part:
“At no time prior to this announcement has the CCHL or any representative of the CCHL advised that it had entered into any agreement. Lawyers for the CCHL have declined to confirm or deny any such transfer. There is no written agreement between Ownership and the CCHL consenting to any transfer.”
New team owner Brian Johnstone released a formal statement announcing the purchase of the team last Friday. Counsel representing the CCHL initially said he had no knowledge of the statement’s release but later indicated he had “some recollection” of it as the discussion between the judge and both sides progressed.
Justice Hooper is expected to make a decision sometime next week, at which point both sides will decide whether to continue disputing the matter.
(Written By: Richard Evans)
