NHL Commissioner Gary Bettman rendered the decision after reviewing submissions from both Clubs. By-Law 11.8 (a) states: “The Member Club acquiring a player by waiver claim shall take an assignment of the player’s contract. Nevertheless, if the Commissioner determines that a player acquired by waiver claim is not physically fit at the time the claim is made, the Member Club making the claim may refuse to take an assignment of such player’s contract and the request for waivers shall be cancelled.”

In reaching his decision, Commissioner Bettman stated: “While it is clear that both clubs have acted in good faith in this unique situation (i.e. a waiver claim), I am not prepared to dispute the conclusion of the Montreal Club doctors that Mr. Betts was physically unfit to play at the time of the claim. Therefore, it is my decision that, per League By-Laws, the appropriate resolution to this matter is to restore the parties to the position they were in prior to the waiver claim on Oct. 5.”