Nearly 36 years ago, a young hockey phenom named Wayne Gretzky visited famed artist Andy Warhol for a Polaroid photo shoot in New York City.

Warhol planned to create six paintings, with an option for four more, according to a recent decision in B.C. Supreme Court. 

In addition, Warhol was going to create 300 limited edition prints from one of the images, which would be signed by Gretzky and Warhol. There were also going to be 50,000 poster reproductions.

But the Vancouver company that brought the two celebrities together, Frans Wynans Fine Art Inc., later went to court against the Andy Warhol Foundation for the Visual Arts, Inc.

Wynans has alleged that the foundation marketed unpublished prints in breach of agreements it had made with Gretzky's personal-services corporation and Warhol.

Warhol died in 1987 and his estate transferred the photographs of Gretzky to the foundation. Some of those photographs have appeared in the foundation's catalogues.

On April 4, Justice Gregory Gomery ruled that the lawsuit can proceed. This reverses a decision issued last year by a judge in chambers to dismiss the action because of inexcusable delays. 

Frans Wynans, a long-time resident of Vancouver, paid Gretzky's company $50,000 and paid Warhol US$175,000 back in 1983, according to the decision. The lawsuit was filed in 2013.

Gomery pointed out that Gretzky and his personal services company, Merak Investments Limited, were not a party to the agreement between Wynans and Warhol.

Warhol, however, "apparently signed an acknowledgment" of the terms with Merak, Gomery wrote.

"The Foundation is at liberty to reapply for an order dismissing the action for want of prosecution if Wynans has not issued a notice of trial within 60 days of this order or if the trial is subsequently adjourned on Wynans’ application," Gomery wrote.

In 2015, Wynans and the foundation agreed to a consent order allowing the plaintiff leave to amend the claim.

After this occurred and another response was filed, two years passed, more documents were filed, and then Wynans sought an adjournment.

In 2018, the foundation obtained the chambers ruling dismissing the case.

Frans Wynans is also owner of Cascadia Fine Art Inc. and the CEO and founder of ARTContent Publishing Limited.

According to his Linkedin profile, he's now based in the Greater New York City area.