Poor Weisbrod. He's the AGM to a GM with a law degree and he gets eternally blamed for his team having a different interpretation of the CBA than the league.
It wasn't a different interpretation, the provision wasn't new and was perfectly clear. The same provision in the previous collective bargaining agreement had already cost the Red Wings Evgeni Nabokov, who they signed in January, 2011 and put on waivers immediately, losing him to the Islanders.
The provision started out as follows:
"In the event a professional or former professional Player plays in a league outside North America after the start of the NHL Regular Season, other than on Loan from his Club, he may thereafter play in the NHL during that Playing Season (including Playoffs) only if he has first either cleared or been obtained via Waivers. ..."
That is as clear as it can be and was same in the previous Collective Bargaining Agreement as it was in the incoming Collective Bargaining Agreement.
Feaster's different interpretation can only have come from a provision in the transition into the season which should have been half over, which was intended to allow teams to sign their free agents who had played in Europe during the labour disruption of 2012-13. Feaster had to be reading it as applying to other team's free agents as well. As the Flames have to have been in on the discussions leading up to it, it seems to me a monumental risk to take, possibly losing a first and third round pick for essentially nothing.
In my view the Flames screwed up.