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Art in Dispute at the Beaverbrook Art Gallery

Published online by Cambridge University Press:  08 September 2008

Deborah Cushing
Deborah Cushing
Affiliation:
Lawson Lundell LLP, Vancouver, Canada. Email: dcushing@lawsonlundell.com
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Abstract

A long-running dispute between the Beaverbrook Art Gallery and its benefactor foundations illustrates the need for documentation of gifts or loans of artwork. At issue in this dispute is ownership of over 200 of the paintings on display at the gallery valued at up to $200 million. None of the parties to the dispute has been able to produce records to establish that the paintings were either a gift or on loan to the Beaverbrook. Instead the parties have had to rely on newspaper and magazine articles, speeches, gallery catalogues, and export documents to substantiate their positions. Central to the dispute has been the role of the First Lord Beaverbrook and whether his actions amounted to a breach of his fiduciary duty to the gallery. This article examines the particulars of the parties' claims as well as the decisions that have been made to date. Final resolution of the dispute is not expected until all appeals have been decided.

Type
Research Article
Information
International Journal of Cultural Property , Volume 15 , Issue 3 , August 2008 , pp. 297 - 320
Copyright
Copyright © International Cultural Property Society 2008

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References

“85 Disputed Paintings Belong to Beaverbrook Gallery: Arbitrator.” CBC News, CBC, March 26, 2007. Available at http://www.cbc.ca/arts/story/2007/03/26/nb-beaverbrookruling.html/ (accessed 30 June 2008).Google Scholar
“Art Attack; Outrage Grows Among Art Lovers Over Threatened Raid of New Brunswick Gallery.” Stratford Beacon Herald, April 23, 2004.Google Scholar
Beaverbrook Canadian Foundation. “Beaverbrook Family Clarify Ownership of Paintings.” News release, May 14, 2004.Google Scholar
Beaverbrook Foundation. Factum of the Appellants, the Trustees of the Beaverbrook Foundation (2008). Available at http://www.beaverbrookfoundation.org/news/appeal-factum.doc/ (accessed 30 June 2008).Google Scholar
“Beaverbrook Foundation Ordered to Pay Gallery's Legal Bills.” CBC News, CBC, October 5, 2007. Available at http://www.cbc.ca/arts/story/2007/10/05/nb-beaverbrook.html/ (accessed 30 June 2008).Google Scholar
“Beaverbrook Foundation Outlines Argument in Artwork Appeal.” CBC News, CBC, March 10, 2008. Available at http://www.cbc.ca/arts/artdesign/story/2008/03/10/beaverbrook-appeal.html/ (accessed 30 June 2008).)Google Scholar
“Beaverbrook Heirs Propose New Gallery to Settle Dispute.” CBC News, CBC, October 26, 2005. Available at http://www.cbc.ca/story/arts/national/2005/10/26/Arts/beaverbrook_newgallery_051026.html/ (accessed 30 June 2008).Google Scholar
“Canada to Rule on Disputed Art Works.” Toronto Star, July 27, 2004.Google Scholar
“Controversial Exhibit Ends Successful Run.” CBC News, CBC, March 6, 2006. Available at http://www.cbc.ca/nb/story/nb_beaverbrook20060306.html/ (accessed 30 June 2008).Google Scholar
Drache, Arthur B.C., ed. “Canadian Beaverbrook Wins Another Round,” Not-For-Profit News, 15, No. 11 (November 2007): 84–85.Google Scholar
Globe, and Mail. “Art Gallery Gets Funding Boost for Battle.” December 17, 2004, Available at http://www.theglobeandmail.com/servlet/story/RTGAM.20041217.wfred17/BNStory/Entertainment/ (accessed 30 June 2008).Google Scholar
Goddard, Peter. “The Ghost in the Gallery.” Toronto Star, July 23, 2005.Google Scholar
Grant, Daniel. “Beaverbrook Art Gallery Controversy.” Maine Antique Digest, May 2004.Google Scholar
Herbert, Ian. “Read All About It: Beaverbrook's Gallery Forced to Sell Works of Art Just To Survive.” Independent (London), March 26, 2004.Google Scholar
“Indepth: Lord Beaverbrook Timeline.” CBC News, CBC, August 30, 2004. Available at http://www.cbc.ca/news/background/beaverbrook/timeline.html/ (accessed 30 June 2008).Google Scholar
Jahn, Ina. “Loans versus Gifts: Determining the Donor's Intention.” Art Antiquity and Law 12 (2007): 81–101.Google Scholar
“Judging Panel to Hear Appeal for Beaverbrook Art Dispute.” CBC News, CBC, September 20, 2007. Available at http://www.cbc.ca/arts/artdesign/story/2007/09/20/beaverbrook-appeal-3judges.html/ (accessed 30 June 2008).Google Scholar
Lind, Robert C., Jarvis, Robert M., and Phelan, Marilyn E.. Art and Museum Law. Durham NC: Carolina Academic Press, 2002.Google Scholar
“Lord Beaverbrook William Maxwell Aitken.” CBC News, CBC, April 30, 2004. Available at http://www.cbc.ca/news/background/beaverbrook/ (accessed 30 June 2008).Google Scholar
“New Gallery Board Appointed To Face Lord Beaverbrook.” CBC News, CBC, April 15, 2004. Available at http://www.cbc.ca/story/arts/national/2004/04/15/Arts/newbbboard20040415.html/ (accessed 30 June 2008).Google Scholar
Osborne, Philip H.The Law of Torts, 2nd ed. Toronto: Irwin Law, 2003.Google Scholar
Palmer, Norman. Art Loans. London: Kluwer Law International, 1997.Google Scholar
Poitras, Jacques. Beaverbrook: A Shattered Legacy. Fredericton, New Brunswick: Goose Lane Editions, 2007.Google Scholar
Taylor, Mark. “Timothy Aitken Is Not Amused.” Daily Gleaner, October 16, 2004.Google Scholar
Warren, Marcus. “Beaverbrooks Accused of Plundering Press Baron's Art Treasures.” Daily Telegraph (London), July 30, 2004.Google Scholar