The appellant purchased a painting purportedly by renowned Anishinaabe artist Norval Morrisseau for $20,000, accompanied by a provenance statement.
After the Art Gallery of Ontario indicated the painting was likely a fake, the appellant sued for return of the purchase price, lost investment returns, and punitive damages.
The trial judge dismissed the action, finding the authenticity of the painting remained uncertain.
The Court of Appeal allowed the appeal, finding the trial judge erred by rejecting expert evidence based on his own personal research not in evidence, and by misapprehending the contract's terms regarding the provenance statement.
The court awarded damages for breach of contract and the Sale of Goods Act, plus punitive damages.
