Andy Warhol piece feature Wayne Gretzky. (sedinitronic/Twitter)

B.C. lawsuit over Andy Warhol’s art of Wayne Gretzky moves ahead

A Vancouver-based fine art dealer made a deal with Warhol for rights to artwork in 1983

A Vancouver-based art dealer’s lawsuit involving photos of hockey legend Wayne Gretzky taken by American artist Andy Warhol is moving ahead.

In 1983, Frans Wynans, founder of Vancouver-based fine art dealer Cascadia Fine Art, entered into an agreement with Gretzky and Warhol for rights to artwork that Warhol was to create from Polaroid photos he took of Gretzky that year.

Wynans paid Gretzky’s personal service corporation $50,000 and Warhol US$175,000 to obtain certain rights to the art, including six paintings, 300 limited addition prints signed by Gretzky and Warhol, and 50,000 posters.

According to court documents, Warhol took the photos and created the paintings, prints and “presumably” the posters, and Wynans marketed them as outlined in the agreement.

Warhol died in 1987, and as stated in his will, the Andy Warhol Foundation for the Visual Arts was to receive most of his estate, including the photographs of Gretzky and unpublished prints.

Wynans filed a civil claim in 2013, arguing the foundation was marketing the Polaroids in breach of its agreement and that he should be paid damages. He amended the claim to include the unpublished prints in 2015. The Warhol foundation denied Wynans had any rights to the material.

READ MORE: B.C. man not guilty after pouring boiling water on roommate in egg dispute

After five years of delays on both sides, the foundation applied to have the claim dismissed because Wynans was taking so long.

Last week, B.C. Supreme Court Justice Geoffrey B. Gomery ruled the art dealer had failed to take steps to move the matter forward, and so caused an “excessive” and “inexcusable” delay.

The judge said the foundation can reapply to dismiss the lawsuit if Wynans has not issued a notice of trial within 60 days or if he decides to apply to adjourn the trial.



joti.grewal@bpdigital.ca

Like us on Facebook and follow us on Twitter

Just Posted

WATCH: Stettler residents gather to observe Remembrance Day

Hundreds gather at the Stettler Performing Arts Centre to pay tribute

A flower, a poem, a campaign

Nowadays, Remembrance Day includes all wars that have occurred since the Great War.

Sandra Schmirler Foundation gives a $10,000 grant to Stettler Health Services Foundation

Funding will go to physiological monitors required for the two Panda warmers for the Labour and Delivery suites

Erskine couple continues to move forward after devastating fire

Richard and Bonita Given are grateful for the tremendous - and ongoing- community support

Alberta RCMP caution citizens about signs of cybercrime

Police are reminding the public to be cautious while shopping online

VIDEO: Hong Kong police shoot protester, man set on fire

It was the second protester shot since the demonstrations began in early June

Sportsnet fires Don Cherry after negative comments about immigrants

Don Cherry had said immigrants don’t wear poppies like other Canadians do

Trudeau’s new cabinet: Gender parity because it’s 2019? Or due to competence?

Prime Minister Justin Trudeau will soon appoint his new cabinet

Canada among three G20 countries least likely to hit emissions targets

It says Canada, South Korea and Australia are the farthest off

Conservatives’ Scheer wants Trudeau to open Parliament Nov. 25

That’s five days after Justin Trudeau is scheduled to swear in a new cabinet

Canadians mark Remembrance Day this morning

This year exactly 101 years to the day after the end of the First World War

Zombie debt will haunt more Canadians as scourge of indebtedness rises: experts

Total debt per consumer has surged to $71,979 in the second quarter

Harvest a struggle in Alberta, Saskatchewan, but a miracle in Manitoba

Hail over the summer destroyed most of the corn crop in southeastern Alberta

Sportsnet apologizes for Don Cherry’s anti-immigrant comments

Outrage was building online on Sunday with many on Twitter calling for Cherry to be fired

Most Read