Toews was goading Thornton into a fight, hence the unsportsman like conduct penalty. But if you read the game writeup, Thorton admits that Toews challenges him, and Thornton accepted the fight. How is that an instigator?
46.11 Instigator - An instigator of an altercation shall be a player who by his actions or demeanor demonstrates any/some of the following criteria: distance traveled; gloves off first; first punch thrown; menacing attitude or posture; verbal instigation or threats; conduct in retaliation to a prior game (or season) incident; obvious retribution for a previous incident in the game or season.
A player who is deemed to be the instigator of an altercation shall be assessed an instigating minor penalty, a major penalty for fighting and a ten-minute misconduct.