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Andy Warhol Foundation for the Visual Arts was to receive most of his estate, including the photographs of Gretzky and unpublished prints.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 He amended the claim to include the unpublished prints in 2015.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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta reports 257 new cases of COVID-19

Central zone has 157 active cases

Sylvan Lake couple donates $850,000 to AACS

The donation will be put towards a new X-Ray machine for the facility

Update: Possible drowning at Pigeon Lake involved man and woman from Edmonton

Bodies recovered from Pigeon Lake’s northeastern shores.

134 new cases of COVID-19 on Friday

First day over 100 cases since July 31

Lacombe resident creates labyrinth near Breton

Marsha Duggan encourages others to use their imagination

Canada to match donations to Lebanon relief

Canada is directing all of its aid for this crisis directly to humanitarian organizations, not the Lebanese government

Rent-relief program becomes new front in fight between Liberals, opposition

Opposition trying to draw parallels between decision to have Canada Mortgage and Housing Corp. run program and the WE controversy

Ottawa sets minimum unemployment rate at 13.1% for EI calculation

Statistics Canada says the unemployment rate was 10.9 per cent in July

Oilers 50/50 raffle delayed as team resolves errors, offers refunds

Alberta fans who want to void any ticket purchases will have until noon Thursday

Who can dismiss the Governor General? A look at protocols and possibilities

The Governor General is appointed by the Queen, on the advice of the prime minister

Second phase of NHL draft lottery set for Monday

Each club eliminated from qualifying round has a 12.5 per cent shot at the No. 1 pick

Collapse of Nunavut ice shelf ‘like losing a good friend:’ glaciologist

The ice shelf on the northwestern edge of Ellesmere Island has shrunk 43 per cent

13-year-old charged in death of boy, 10 in Maskwacis

The RCMP Major Crimes Unit have laid a manslaughter charge against a 13-year-old boy from Maskwacis.

‘Caught up in the frenzy:’ Oilers 50/50 draw breaking ticket sale records

Previous record was held by Toronto Raptors fans when a 50/50 raffle reached $2 million

Most Read