Alan Klinkhoff Gallery Inc. c. Eric Klinkhoff Gallery Inc., 2024 QCCS 1986
2024-05-29
Read full decision. Summary prepared by Alan Macek:
"Eric’s brother, Alan Klinkhoff, claims that Eric did all of this work for the Walter Klinkhoff Gallery that they owned until 2014. When they disbanded the gallery, they split its assets and belongings between them. Alan seeks his share of the Cullen Inventory and the catalogue raisonné. Alan’s claim is dismissed because the Cullen Inventory and the catalogue raisonné are not mentioned in the contract that the brothers negotiated and signed to share between them the assets and belongings of the Walter Klinkhoff Gallery. ... Eric did not compile the Cullen Inventory or the catalogue raisonné in his capacity as an employee or owner of the Walter Klinkhoff Gallery. The evidence does not prove that the gallery asked Eric to prepare them, directed or supervised him, paid him for the work, or imposed a deadline for its completion. ... Because the gallery never owned the Cullen Inventory or the catalogue raisonné, they are not part of the files that are to be shared pursuant to clause 25." (Thanks to Bob Sotiriadis for advising me of this decision)