Nolan broke new ground in contract negotiations, having a clause put in that stated if the 2004-05 NHL season was cancelled, then he would gain a player option for an additional year in 2005-2006. However, with the NHL CBA in place, this option has become a topic of debate. With the new NHL salary cap, the Maple Leafs deemed Nolan's salary too high, and refuse to recognize Nolan as under contract. Nolan argues that the option is valid, that he will play, and be paid, for the Toronto Maple Leafs, and he deserves to be paid during the lockout due to injury. The Maple Leafs who cleared Nolan as healthy just after the lockout, claim that the injury was incurred off the ice and are refusing to pay Nolan's desired $12 million. The case is to go to an arbitrator.