Tochi Edward Nwaokocha

The plaintiffs, Lee Anthony Delfino and Standing O Entertainment Group Inc., sued the Intercounty Baseball League and its commissioner, John Kastner, for breach of contract and negligence after their team, the Brantford Red Sox, was eliminated from the 2016 playoffs.

The claim arose from the commissioner’s decision to allow a Toronto Maple Leafs player, Mike Wagner, to participate in the playoffs despite allegations he was ineligible under league rules.

The court found that the league’s governance documents delegated final authority on eligibility to the commissioner, and that his decision was made in good faith and within his discretion.

The court dismissed the claim, holding that there was no breach of contract or negligence, and that the process followed was procedurally fair.

The moving party brought a motion for leave to appeal a lower court decision.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the fixed amount of $5,000.

The Divisional Court dismissed the moving party's motion for leave to appeal a decision dated June 27, 2024.

Costs were awarded to the responding party in the amount of $5,000.00.