OTTAWA (AP) _ The lawsuit against holdout center Alexei Yashin by an Ottawa Senators fan was thrown out of court Thursday.

Ottawa real estate magnate Leonard Potechin launched a $27.5 million suit in November on behalf of Senators fans against Yashin, agent Mark Gandler and International Sports Advisors Co., after Yashin walked away from a $3.6 million contract with the team.

In dismissing the suit, Justice Michel Charbonneau said that Potechin didn't establish he had a contractual right entitling him to have Yashin on the Senators' roster in 1999-2000.

Both the plaintiff and the defense relied on testimony given by Senators president and CEO Roy Mlakar, who was questioned on marketing practices of the team. The wording of season ticket licenses also was examined.

Yashin's future in the NHL will be determined at an arbitration hearing May 24-25 in Toronto where he hopes to be declared a restricted free agent when his contract expires July 1.

The Senators contend Yashin still owes them one season at the $3.6 million salary he reneged on this season.