Yashin Must Present Defense

January 5, 2000 / 8:04 PM EST / CBS/AP

Ottawa Senators forward Alexei Yashin will have to defend himself against a lawsuit filed by fans who said he diminished the value of their tickets by holding out from the team, the Superior Court of Ontario ruled Friday.

Yashin lost an attempt earlier this month to have the case thrown out, and Justice Bernard Manton denied Yashin permission to appeal that decision. Manton gave Yashin's lawyers until Feb. 29 to present a defense in the case.

Yashin was guaranteed $3.6 million this season, but he has demanded a contract extension worth $23 million over two years and refused to play. The fact that he is under contract makes his situation different than holdouts like Carolina's Keith Primeau, who as a restricted free agent forced a trade to the Philadelphia Flyers.

An Ottawa hockey fan filed a $27.5 million lawsuit against Yashin and his agent in October, accusing the two of interfering with the contractual relationship between the Senators and their fans. The team suspended Yashin for the season on Nov. 9.

Justice Michel Charbonneau ruled Jan. 5 that the lawsuit filed on behalf of Senators season-ticket holders can proceed even though the law in this area is "relatively undeveloped."

"In recent times, courts have attempted to give monetary damages for the loss of enjoyment or dissatisfaction with the product purchased when the plaintiff has entered into a consumer contract for some sort of entertainment package," he wrote in a 17-page decision. "The plaintiff here has pleaded such a loss."

Manton heard arguments on Thursday, and issued a handwritten ruling saying there was "no reason to doubt the correctness of Charbonneau's order."