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Report [ Luongo Decision expected]


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16 minutes ago, the grinder said:

its a penalty   and that how it works

 

And those numbers are incorrect.

 

The recapture penalty is [ sum of salaries paid less sum of the cap hits ] divided by the remaining years.  The Canucks have retained 15% of salary and therefore 15% of the cap hit (800K).   So each year that difference between total salary and total cap hits gets adjusted.  15% of the salary paid gets added to the total salaries paid and 800K gets added to the total of the cap hits.  

 

Take any year and multiply "penalty term" by the recapture penalty and you will always get ~8.52M and that's not possible.  That 8.52M is the amount of the penalty at the date of the trade.  It would have stayed constant if there hadn't been a retention but there is one.

 

Edited by mll
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1 minute ago, mll said:

And those numbers are incorrect.

 

The recapture penalty is [ sum of all salary paid less sum of the cap hits ] divided by the remaining years.  The Canucks have retained 15% of salary and therefore 15% of the cap hit (800K).   So each year that difference between total salary and total cap hits gets adjusted.  15% of the salary paid gets added to the total salary and 800K gets added to the total of the cap hit.  

 

Take any year and multiply "penalty term" by the recapture penalty and you will always get 8.52M and that's not possible.  That 8.52M is the amount of the penalty at the date of the trade.  It would have stayed constant if there hadn't been a retention but there is one.

 

lol it called a penalty   that's the number I have read it  from a few different sources    google it     ps u answered your own question   and if you look  there is retention there 8.5 is the penalty 

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2 minutes ago, the grinder said:

lol it called a penalty   that's the number I have read it  from a few different sources    google it     ps u answered your own question   and if you look  there is retention there 8.5 is the penalty 

See below.  New numbers:

1 hour ago, CRAZY_4_NAZZY said:

 

 

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13 minutes ago, the grinder said:

ya he believes  so he doesn't know  , he is guessing  lol good guess tho  it pretty close to what I previously posted 

3.033M x 3 years

4.271M x 2 years

7.892M x 1 year

 

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1 hour ago, Warhippy said:

If the league tries to hit Vancouver with any recapture I sincerely hope the Canucks take the league to arbitration over it.  Jersey paid didly squat over the Kovalcash issue.  The Hawks got out of Hossa, Detroit out of a few and more.

 

Luongo's contract was signed and approved by the league under the CBA before the new rules were in place, which is why people jokingly call it the lounge rule.  No court of law would ever uphold the leagues argument when they changed the rules after a legally binding contract was signed and agreed upon

I've stated that exact same thing on this board a number of times and been blasted for it.

 

I have 30 years of experience in business, you don't change the rules of an employment contract after the fact, unless you can get both employee (Luongo) and the employer (Canucks) to accept the new agreement.

 

The original contract was ratified by the NHL, there are legal issues with trying to change how its governed, after its been accepted by the league.

 

My guess is that an exception will be made to it if he does in fact retire.

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1 hour ago, mll said:

The CBA was approved unanimously by the Board of Governors where each team has a representative.  There's a whole section on recapture penalties with examples on how to calculate them. 

 

There's still the issue that the CBA with recapture penalties does not predate the signed contract the Canucks signed with Luongo, which was ratified by the league. @Warhippyis correct in his opinion that this would be struck down in court.

 

If he retires, as I have stated many times in previous threads (and been flamed), there will be an exception established for this contract and it will be done quietly and out of public sight. The League, Canucks and NHLPA will reach an agreement to waive this clause of the CBA as opposed to testing its legal merit in court. It would be a really hard case for the NHL to win and considering they closed the loophole in the current CBA, they will make it go away.

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47 minutes ago, MystifyNCrucify said:

Pending a physical, trade a 7th and a bag of pucks for luongo. 

 

Trade markstrom, goldi, and a third for Ristolainen. 

 

Run with lou and demko for a year. 

 

Am i doing this right? Should i write this up in the proposals section?

 

:bigblush:

Ide be careful with that. In two years when Demko is fully developed we will have another goalie controversy 

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5 minutes ago, erkayloomeh said:

So there's a penalty for 6 more years . ? 

No the 3 years is the cap hit we get for the next 3 years if he retires this year.

If he retires next year it will be 4.271 for 2 years and if he retires in the final year of his contract the cap will be 7.892 for 1 year.

Edited by babalu
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25 minutes ago, VegasCanuck said:

There's still the issue that the CBA with recapture penalties does not predate the signed contract the Canucks signed with Luongo, which was ratified by the league. @Warhippyis correct in his opinion that this would be struck down in court.

 

If he retires, as I have stated many times in previous threads (and been flamed), there will be an exception established for this contract and it will be done quietly and out of public sight. The League, Canucks and NHLPA will reach an agreement to waive this clause of the CBA as opposed to testing its legal merit in court. It would be a really hard case for the NHL to win and considering they closed the loophole in the current CBA, they will make it go away.

Don't forget that with New Jersey there is clear and present precedent for the league softening their stance on penalizing a team.  Which occurred AFTER the new CBA was ratified

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2 hours ago, brian42 said:

This rule is such a joke how can Vancouver be punished for a contract which when signed did not break any rules not to mention former management, not our player etc etc.  

 

but how do you make a new rule to punish legal contracts which were already in effect.

 

its a good rule for contracts signed after the rule came into effect but it’s ridiculous to punish a team who already signed a legal contract.  Canucks didn’t make the rules they just played by them, shouldn’t be punished for being creative. 

you bargain such terms into the new/next collective agreement

and have all players and team management/owners agree to it

and then it becomes a binding term on all involved

and guess what

that is exactly what occured

 

not sure how people can now complain about an agreement made

by the very people who will be impacted by the agreed upon rules

 

does not mean you have to like it

but you cannot argue it was not fairly arrived at

 

but yeah fans get butt hurt easily

about things that negatively effect their team

regardless of whether unfairness is really involved

 

Edited by coastal.view
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1 hour ago, Screw said:

Makes no sense to retire when you can sit and collect $$$$.

Exactly.....if Luongo retires, he forfeits the remaining salary in his contract.  If he goes on LTIR, he gets paid.  

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1 hour ago, VegasCanuck said:

I've stated that exact same thing on this board a number of times and been blasted for it.

 

I have 30 years of experience in business, you don't change the rules of an employment contract after the fact, unless you can get both employee (Luongo) and the employer (Canucks) to accept the new agreement.

 

The original contract was ratified by the NHL, there are legal issues with trying to change how its governed, after its been accepted by the league.

 

My guess is that an exception will be made to it if he does in fact retire.

I think the problem with the bolded is that Aquilini would have agreed to the terms of the new CBA by signing off on it as all owners need to sign. The league also provided an opportunity for teams to get out of these contracts by offering the 2 buyouts, one of which the Canucks used on David Booth IIRC. I don't think Luongo is affected or consulted at all as it is an agreement between the Canucks and the NHL, Luongo gets paid his salary either way, the penalty is in the cap recapture.

1 hour ago, VegasCanuck said:

There's still the issue that the CBA with recapture penalties does not predate the signed contract the Canucks signed with Luongo, which was ratified by the league. @Warhippyis correct in his opinion that this would be struck down in court.

 

If he retires, as I have stated many times in previous threads (and been flamed), there will be an exception established for this contract and it will be done quietly and out of public sight. The League, Canucks and NHLPA will reach an agreement to waive this clause of the CBA as opposed to testing its legal merit in court. It would be a really hard case for the NHL to win and considering they closed the loophole in the current CBA, they will make it go away.

I hope you are right re the NHL not wanting it to go to court but I simply don't trust Bettman et al. It wouldn't surprise me in the slightest to see the Canucks get dinged. Double standards are plenty in this leauge... see NJ and Kovie as people have mentioned.

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22 minutes ago, I.Am.Ironman said:

I think the problem with the bolded is that Aquilini would have agreed to the terms of the new CBA by signing off on it as all owners need to sign. The league also provided an opportunity for teams to get out of these contracts by offering the 2 buyouts, one of which the Canucks used on David Booth IIRC. I don't think Luongo is affected or consulted at all as it is an agreement between the Canucks and the NHL, Luongo gets paid his salary either way, the penalty is in the cap recapture.

I hope you are right re the NHL not wanting it to go to court but I simply don't trust Bettman et al. It wouldn't surprise me in the slightest to see the Canucks get dinged. Double standards are plenty in this leauge... see NJ and Kovie as people have mentioned.

Also consider the US TV deal coming up. I don't think the NHL wants to get into a long and nasty legal case that might hurt the upcoming deal.

 

There is a chance the current CBA may be deemed void should it ever goes to court and should that happen, the NHL can kiss goodbye to the big pay day. 

 

Like Vegas said, good chance NHL is going to quietly waive it or at least significantly reduce it (or force us to forfeit a pick(s)l.

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