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Andy Warhol Foundation for the Visual Arts was to receive most of his estate, including the photographs of Gretzky and unpublished prints.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 He amended the claim to include the unpublished prints in 2015.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

Castlegar Millennium Ponds opening soon

The ponds will be open for swimming any day.

Castlegar council approves Columbia Ave. Phase 2 cross section

Three traffic lanes, bicycle lane, sidewalks, furniture, baskets, banners and trees part of plan

Women, children escaping domestic violence have few options in Nelson

The 11th annual Report Card on Homelessness shows a need for women’s housing

RDCK asks province for more powers to regulate private land logging

‘If the province won’t step up, we will have to’

First Nations included in latest Columbia River Treaty talks

Seventh round of negotiations between Canada and U.S. wrap up in Washington D.C.

VIDEO: Killer whale steals fisherman’s catch off North Coast

Fishing duel results in eager orca snagging salmon in Prince Rupert

Fate of accused in Canadian couple’s 1987 killings in jury’s hands

William Talbott’s lawyer says DNA doesn’t prove murder

Child killed after being hit in driveway on Vancouver Island

The driver of the vehicle remained at the crash scene and is fully cooperating

Eating sandwiches, putting on makeup behind the wheel could land you a fine

RCMP say if you cause an accident while eating you could be penalized

Cat badly hurt in animal trap was likely stuck for days, B.C. owner says

Blu, a three-year-old house cat, suffered severe damage to his hind leg after being stuck in trap for days

40 cats surrendered in apparent hoarding at B.C. home

Officers found the cats living among piles of garbage and feces, suffering from fleas

Vancouver Aquarium drops cetacean ban lawsuit in new lease agreement

Ocean Wise CEO Lasse Gustavsson called the updated lease an exciting new chapter for the aquarium

Thieves steal two $40K chairs featuring gold serpents from B.C. furniture store

Chairs believed to be the only two of its kind in Canada, police said

Rising gas prices force B.C. residents to rethink summer road trips: poll

63 per cent of respondents reported gas prices are impacting their day-to-day finances

Most Read