Sunday, June 2, 2024
ADVT 
National

Barenaked Ladies Musician Awarded $60,000 In Legal Battle Over Painting

Darpan News Desk The Canadian Press, 03 Sep, 2019 07:37 PM

    TORONTO - A Toronto gallery must now pay tens of thousands of dollars to a Canadian musician who alleged he was sold a fake painting purported to be by the renowned Indigenous artist Norval Morrisseau.

     

    Ontario's top court says the trial judge made several errors in dismissing the legal action by Kevin Hearn, a member of the Barenaked Ladies, against the Maslak-McLeod Gallery.

     

    Hearn purchased the painting, titled "Spirit Energy of Mother Earth," in 2005 after receiving assurances that it was authentic and being promised a valid provenance statement attesting to that fact.

     

    Court documents say Hearn launched his legal battle after an official at the Art Gallery of Ontario told him the painting was likely a fake, and the gallery's now-deceased owner refused to investigate the allegation or issue a refund.

     

    At trial, an expert testified that while the painting drew on Morrisseau's "visual vocabulary" it did not fit in with his other works from that time and she believed it to be a forgery.

     

    In a ruling released today, the court of appeal says the trial judge erred in rejecting the expert's testimony based on his own research, which was not entered as evidence.

     

    It says the judge also misapprehending the evidence regarding the agreement between Hearn and the gallery, particularly in relation to the issuance of a valid provenance statement for the painting.

     

    The appeal court says the gallery must pay Hearn $50,000 plus interest for breach of contract and breach of the Sale of Goods Act, as well as $10,000 in punitive damages. If Hearn receives the money, he must return the painting to the gallery, the ruling says.

    MORE National ARTICLES

    No 'Secret Agenda' On Carbon Tax: McKenna

    Environment Minister Catherine McKenna says her government would take into consideration the views of provinces and territories on any change in the price of carbon tax.

    No 'Secret Agenda' On Carbon Tax: McKenna

    Federal Liberals Launch 'Choose Forward' As Election Campaign Slogan

    OTTAWA - The federal Liberals have decided on a slogan they hope will resonate with voters and best represent their political brand as they roll out their campaign for the October election.    

    Federal Liberals Launch 'Choose Forward' As Election Campaign Slogan

    Maxime Bernier Blames Billboard Woes On 'Totalitarian Leftist Mob'

    OTTAWA - Maxime Bernier is blaming a "totalitarian leftist mob" for the decision to take down billboards promoting his controversial stance on immigration.    

    Maxime Bernier Blames Billboard Woes On 'Totalitarian Leftist Mob'

    Scheer, Harper Among Politicians At Memorial For Calgary MP Deepak Obhrai

    CALGARY - Some prominent Conservative politicians are paying their respects at a memorial for former Calgary member of Parliament Deepak Obhrai.    

    Scheer, Harper Among Politicians At Memorial For Calgary MP Deepak Obhrai

    The Unusual Suspects: British Columbia's Middle-Class Gang Problem

    A young man's death in 2014 shattered his close-knit family, who insist to this day he was not a gangster.

    The Unusual Suspects: British Columbia's Middle-Class Gang Problem

    UPDATE: Police Looking For Two Hikers Who May Be Witnesses In Case Of Missing 27 Year Old Brampton Woman LOVLEEN DHAWAN

    Police Looking for Two Witnesses in Missing Person Investigation in the Area of Webster/Tew Falls in Dundas  

    UPDATE: Police Looking For Two Hikers Who May Be Witnesses In Case Of Missing 27 Year Old Brampton Woman LOVLEEN DHAWAN