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Andy Warhol Foundation for the Visual Arts was to receive most of his estate, including the photographs of Gretzky and unpublished prints.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 He amended the claim to include the unpublished prints in 2015.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

Blue Man Group set to rock the Okanagan

The world famous Blue Man Group is bringing their high energy rockn’ show to Penticton for two shows.

Okanagan-Shuswap weather: Clear skies and pushing 20 C

Environement Canada forcasts a sunny and warm Easter weekend

COLUMN: Bunnies, sexuality and the freedom to read

A book about a gay bunny has been the subject of challenges

It’s time to Ring and Sing, in spring

The Musaic Vocal Ensemble and the Oliver Handbell Ringers present a concert for bells and voices

British-born recording artist sings the blues for Okanagan critters

Steve Rodgers, son of legendary musician Paul Rodgers is performing a benefit concert Saturday

Update: Fire destroys Peachland home on Somerset Avenue

Crews are still on scene pumping water onto the blaze

Cuteness overload: duckling thinks dog is its mom

Vernon photographer Fiona Hook shot a cute video after noticing one of her ducklings had taken a special liking to her dog.

Fire near Vernon airport “not a concern”

Vernon firefighters attended the scene and found a resident performing a controlled burn

Sons of Anarchy’s Kim Coates stops by Okanagan café

Coates was spotted in West Bank’s Kekuli Café on April 20

B.C. women make 2,200 cabbage rolls for charity

The money raised was donated to former NHL player Aaron Volpatti, who is raising funds for ALS

Deck collapses in Langley during celebration, 35 people injured

Emergency responders rushed to the Langley home

B.C. mom wages battle to get back four kids taken from her in Egypt

Sara Lessing of Mission has help from Abbotsford law firm

B.C. mountain biker sent home from hospital twice, despite broken vertebrae

Released in Maple Ridge to go home with three fractured vertebrae

Seven tips to travel safely this Easter long weekend

An average of three people are killed, and hundreds more injured, each Easter long weekend in B.C.

Most Read