It seems Ottawa Senators owner Eugene Melnyk is digging in his heels in a lawsuit launched against him by the Mohegan Sun Casino in Connecticut. In doing so, some of the responses he gives to the casino's claims are downright strange. In fact the casino, in new papers filed this week, referred to at least one of them as "silly."
First off, the casino's central allegation is that Melnyk failed to pay back around $900,000 in gambling debts he had amassed two years ago. Mohegan Tribal Gaming Authority is also seeking $200,000 in foregone interest from the alleged debts.
Last month, Melnyk filed a response to the 55 assertions the casino made in its initial court documents, and some of them are quite interesting. The casino described Melnyk is its court papers as “approximately five feet ten inches tall, weighing “approximately 190 pounds.” Late last month, Melnyk took issue with these descriptions and formally “denied” them, saying he's actually five feet nine inches tall and weighs approximately 185 pounds.
In its latest filing earlier this week, the casino says the differences cited in height and weight aren't material and are “covered by the word approximately.” On top of that, the casino says the descriptions it gave are included on a 2004 casino credit application for $1 million made out on behalf of Melnyk.
Melnyk is also claiming that a bank draft that the casino provided a copy of in the lawsuit may not be a "true and correct copy”, adding he needs “further factual investigation” and that “the information known or readily obtainable...is insufficient” to confirm the copy.
In its latest filing, the casino says “This is a rather silly response. Either (Melnyk) recognizes his own signature or not”.
Melnyk is also challenging certain financial expressions such as paying a bank draft “in accordance with its terms”. Melnyk claimed the expression was “vague, ambiguous, and confusing.” The casino replied the meaning was plain: “If (Melnyk) recognizes his signature and then did not pay the instrument, he must admit this.”
The casino alleges Melnyk issued five separate drafts drawn on his TD Bank account in order to pay the debts, which were not honoured by the bank. This lawsuit doesn't appear like it will be ending any time soon.
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