Trusts, Hockey, and the Stanley Cup

The coveted Stanley Cup for excellence in hockey is one of the most cherished awards in sports since Lord Stanley purchased the trophy in 1892 and delivered it to Sheriff John Sweetland and Philip D. Ross, as trustees.  At the same time, he set forth various conditions for the award of the cup and the substitution of trustees.

A significant problem currently exists because the National Hockey League has locked out its players which many think will lead to the total canceling the 2004-2005 season.  A legal opinion rendered by the prestigious Canadian law firm of Hustwick, Wetsch, Moffat, & McCrae explains that the trustee may be under a duty to award the Stanley cup even if the NHL cancels the season.

You may wish to consider having your students read this opinion.  It provides a very interesting discussion of the history of the Stanley Cup as well as an excellent legal discussion of trusts for purposes and charitable trusts.

Also note that an organization, Free Stanley, was formed by fans who want to be sure that the trustees award the Stanley Cup even if the NHL season bites the dust.