Case 3

    I, Patrick Stapleton, of the Township of Adelaide, in the County of Middlesex, MAKE OATH AND SAY:

1. I am one of the Respondents in this application and as such have knowledge of the matters hereinafter deposed to.

2. I am presently 57 years of age. I reside with my wife, Jacqueline Stapleton, whom I married on February 18, 1960.  My wife and I have six children, only one of whom, Christopher Stapleton, resides with us.

3. I completed my grade 10 education in 1956.  From then until 1960, I played on Junior A and Junior B hockey teams in Ontario.

4. I became a professional hockey player in 1960.  From then until approximately 1964, I played with minor league teams in Sault Ste. Marie, Kingston and Portland, Oregon.  During the period from approximately 1964 to 1974, I played in the National Hockey League, primarily with the Chicago Black Hawks.  From approximately 1974 to 1979, I played in the World Hockey Association, I was the head coach of the Indianapolis Racers.  I retired from hockey in 1979.

5. During the period from 1966 until the early 1970's, my wife and I purchased 500 acres of farm land in the Strathroy area.  At the time I retired from hockey in 1979, I was operating a cattle operation with between 400 to 500 head of cattle and a cash crop operation.  Those operations, through to the early 1980's, were quite profitable.

6. However, during the period from the early 1980's to 1985, I incurred a large financial loss as a result of interest rate fluctuations, fluctuating cattle prices and unsuccessful investments which I made in a hockey school known as FIA (or Fundamentals in Action) and Hockey Expo Ltd., a company which was attempting to organize a hockey exposition caravan which was to travel across Canada.

7. As a result, by the mid-1980's, my wife and I were no longer able to service the mortgages which had been placed on the farm property through the mortgagee, Bank of Montreal. The Bank of Montreal, thereafter, commenced power of sale proceedings. Those proceedings were settled in 1988. The settlement involved the purchase of the farm properties and the farm equipment by my children at a price of approximately $630,000.00. That money was paid directly to the Bank of Montreal in full and final settlement of the claims arising out of their mortgages.

8. Attached hereto and marked as Exhibit "A" to this my Affidavit is a true copy of my 1991 income tax return. During that year, I earned income totalling $11,161.18. The majority of that income was pension income. The $750.00 business income entry relates to income which I earned signing hockey cards during that year.

9. Attached hereto and marked as Exhibit "B" to this my Affidavit is a true copy of my 1992 income tax return. During that year, I earned income of $30,032.23. The other employment income of $13,555.19 relates to royalty payments arising out of commemorative card series sales. The business income of $5,950.00, relates to appearances in speaking engagements in which I was involved during the 1992 taxation year.

10. Attached hereto and marked as Exhibit "C" to this my Affidavit is a true copy of my 1993 income tax return. During that year, I earned employment income of $13,670.91. The business income of $1,500.00 relates to a card show in which I was involved during the 1993 taxation year.

11. Attached hereto and marked as Exhibit "D" to this my Affidavit is a true copy of my 1994 income tax return. My total income during that year was $13,632.91.

12. Attached hereto and marked as Exhibit "E" to this my Affidavit is a true copy of my 1995 income tax return. The business income of $1,575.00 relates to appearances in speaking engagements in which I was involved during that taxation year.

13. Attached hereto and marked as Exhibit "F" to this my Affidavit is a true copy of my 1996 income tax return. During that year, my total income was equal to $19,636.89. The business income of $9,000.00 shown on the return relates to hockey schools in which I was involved during that taxation year.

14. The income tax returns referred to above accurately set forth my sources of income during those years.

15. At the present time, I have virtually no assets. My wife and I are residing in a home located on one of the farm properties referred to earlier in the Affidavit. That property and the home are owned by my children, Mary Trudell, Michael Stapleton and Thomas Stapleton. In return for my children allowing me to live in the home without paying any rent, I provide them with assistance in connection with the operation of the farm. The only significant asset I own, in addition to the furniture in the home in which my wife and I reside, is a 1988 Oldsmobile Royale motor vehicle which I verily believe would have little value attached to it.

16. Out of the funds which I am presently receiving from the Manufacturers Life Insurance Company on account of my pension, the sum of $195.00 is being deducted each month in connection with a debt which I owe to Revenue Canada. That debt is in the approximate amount of $11,000.00.

17. As a result of my years of service in the National Hockey League and World Hockey Association, I became eligible to receive a pension administered by Manulife on behalf of the National Hockey League Pension Society. Commencing on or about September 1, 1989, I began to receive monthly pension payments in the total amount of $783.31 per month. Full details of these pensions are set forth in the Affidavit of Louise Guthrie, which was filed on behalf of the Respondent, the Manufacturers Life Insurance Company, in connection with this application.

18. In addition, as a result of my years of service in the National Hockey League, I have become entitled to receive a lump sum payment pursuant to the terms of the Judgment of the Honourable Mr. Justice Adams in the Bathgate et al. v. N.H.L. Pension Society et al. action. Full details of my entitlement to that pension are set out in the Affidavit of Daniel R. Heyhurst sworn on the 27th day of August, 1997, and which is filed on behalf of the Respondent, National Hockey League Pension Society, in this application.

19. Attached hereto and marked as Exhibit "E" to this my Affidavit is a true copy of a Statement of Account dated August 5, 1997 which I received from Revenue Canada in connection with my indebtedness to them.

20. I acknowledge my indebtedness to the Applicant. I am hopeful that, at some point in the future, I will be in a position to satisfy the Applicant's claim. However, given my present financial situation, it is simply impossible for me to do so.

21. I have never attempted to hide any of my limited assets from the Applicant. I have always been forthright with both the Applicant and her solicitors with respect to my financial situation and the Judgment which the Late ( father of Applicant ) obtained against me.