This isn't a criminal court case, it would be an arbiter talking to the NHL and the Devils, totally different than a murder trial.
Plus the league is given the authority to be the decision maker in these instances, so if the league believes it to be true they have the power to deny the contract. You need strong proof Kovy will be playing at 44, and there is almost no evidence that will be the case.
Uhh..the league is given authority, but the Devils can challenge the decision in court. The CBA is a legal document.
The league as the *prosecutors* would bear the onus to prove that Kovy will NOT be playing at 44.
The Devils don't need to provide strong proof that Kovy will be playing at age 44, thats like asking a defendant to provide proof of why he's innocent. Courts don't work that way, criminal or civil.