Modern, Post-War & Contemporary Art | June 24 - 29, 2023

Modern, Post-War & Contemporary Art

JUNE 24 — 29, 2023

Modern, Post-War & Contemporary Art

JUNE 24 — 29, 2023

bid and view all lots online at www.waddingtons.ca

on view

Sunday, June 25 from 12 pm to 4 pm

Monday, June 26 from 10 am to 5 pm

Tuesday, June 27 from 10 am to 5 pm

director, international art Goulven Le Morvan glm@waddingtons.ca

438-528-8489

administrator, international art Mary McMaster internationalart@waddingtons.ca

416-504-9100 x 6202

front cover Lot 30

FRIEDEL DZUBAS

PHIRRUSS, 1985

front inside cover Lot 4

PIET VAN DER HEM

TWO LADIES IN A CAFÉ, 1912

back inside cover Lot 41

SABIN BALASA NIGHTFALL, 1991

back cover Lot 24

preview held at 275 King Street East, 2nd Floor Toronto, ON M5A 1K2

tel: 416-504-9100

toll free: 1-877-504-5700

HENRI HAYDEN STILL LIFE, 1964

KARL KAUFFMANN (1843-1905), AUSTRIAN

BOAT REFLECTIONS IN THE WATER oil on canvas; signed “F. Rollin” lower left (a pseudonym)

19.8 ins x 25.9 ins; 50.3 cms x 65.8 cms

PROVENANCE:

Private Collection, Toronto, ON

$800 — 1,200

JEAN-JACQUES

HENNER (1829-1905), FRENCH

PORTRAIT OF A YOUNG LADY oil on canvas board; signed upper left

10.5 ins x 7.4 ins; 26.7 cms x 18.8 cms

PROVENANCE:

Private Collection, Toronto, ON $800 — 1,200

EDNA CLARKE HALL (1879-1979), BRITISH SEATED NUDE; STANDING NUDE ink and gouache on handmade paper; the first, relief stamp top right corner, a sketch verso; the second, signed and dated 1925

PROVENANCE:

Private Collection, Ontario

$1,500 — 2,500

4

PIET VAN DER HEM (1885-1961), DUTCH

TWO LADIES IN A CAFÉ, 1912

oil on canvas; signed “P.V.D.HEM” and dated 29.5 ins x 36.5 ins; 74.9 cms x 92.7 cms

PROVENANCE:

Private Collection, Toronto, ON

$3,000 — 4,000

ADOLPHE GIRALDON (1855-1935) & JOSÉ-MARIA DE HEREDIA (1842-1905), FRENCH

HORTORUM DEUS mixed media on paper; signed by both artists sheet 12.6 x 9.4 in — 32 x 23.8 cm

PROVENANCE: Private Collection, Ontario

$1,300 — 1,500

6

PIERRE LEGRAIN (1888-1929), FRENCH

ROSALIE, WORLD WAR I MAGAZINE COVER DESIGN, 1916 gouache, ink and collage on paper mounted to card; signed and dated “16” lower right sheet 18 x 12 in — 45.7 x 30.5 cm

PROVENANCE: Private Collection, Toronto, ON $3,500 — 4,500

FRANÇOIS CHARLES CACHOUD (1866-1943), FRENCH

L’HEURE DU GRILLON oil on canvas; signed lower right and titled to gallery label verso

25.9 ins x 32.3 ins; 65.8 cms x 82 cms

PROVENANCE:

Watson Galleries, Montréal, QC; Private Collection, Toronto, ON

$1,000 — 1,500

8

ALOIS ARNEGGER (1879-1963), AUSTRIAN

RAX AREA, AUSTRIA oil on canvas; signed lower left and titled to stretcher verso

24.2 ins x 35.8 ins; 61.4 cms x 90.9 cms

PROVENANCE: Private Collection, Toronto, ON

$2,200 — 2,800

BERNARD POTHAST (1882-1966), DUTCH

THE NEW DRESS oil on canvas; signed and titled to frame and stretcher verso

20.2 ins x 24.2 ins; 51.2 cms x 61.5 cms

PROVENANCE:

Denison Gallery, Toronto, ON; Private Collection, Toronto, ON

$2,000 — 3,000

ACHILLE-ÉMILE OTHON FRIESZ (1879-1949), FRENCH

HARBOUR SCENE oil on canvas; signed lower right

18.3 ins x 21.7 ins; 46.5 cms x 55.2 cms

PROVENANCE: Private Collection, Quebec

$2,000 — 3,000

CONSTANT ARTZ (1870-1951), DUTCH

THE FIRST LESSON oil on panel; signed and titled to label verso

9.4 ins x 11.9 ins; 24 cms x 30.2 cms

PROVENANCE:

Watson Art Galleries, Montreal, QC; Private Collection, Toronto, ON

$600 — 800

12

CONSTANT ARTZ (1870-1951), DUTCH

DUCKS WITH THEIR DUCKLINGS oil on canvas; signed 12 ins x 16.1 ins; 30.6 cms x 41 cms

PROVENANCE: Private Collection, Toronto, ON

$600 — 800

ANDRÉ BERONNEAU (1896-1973), FRENCH

NYMPHÉAS DAN LA COURANT D’HUCHET (WATERLILLIES IN THE CURRENT OF HUCHET)

oil on canvas; signed lower right; titled to stretcher verso

18.1 ins x 21.6 ins; 46 cms x 54.9 cms

PROVENANCE:

Private Collection, Toronto, ON

$400 — 600

14

ARTUR VLADIMIROVICH FONVIZIN (1882-1973), RUSSIAN

RIDER AND HORSE, FROM “CIRCUS SERIES”

ink and gouache on paper; signed lower right

sheet 17.3 x 12.8 in — 44 x 32.5 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$1,500 — 2,500

ARTUR VLADIMIROVICH FONVIZIN (1882-1973), RUSSIAN

RIDER ON A HORSE, FROM “CIRCUS SERIES”

gouache on paper; signed lower left sheet 17.5 x 12.6 in — 44.5 x 32 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$1,500 — 2,500

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

CHURCH AT PEREDELKINO, 1963

oil

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); Private Collection, Ottawa, ON; Waddington’s Auctioneers, Toronto, ON, June 12, 2012, lot 332; Private Collection, Toronto, ON

$4,000 — 6,000

on canvas laid down on board; signed in cyrillics and dated lower right 26.6 ins x 39 ins; 67.5 cms x 99 cms

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

PORTRAIT OF A LADY, 1979 oil stick on paper; signed and dated sight 15.5 ins x 22.8 ins; 39.3 cms x 58 cms

PROVENANCE:

Private Collection, Toronto, ON

$1,500 — 2,000

18

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

FIVE FIGURE STUDIES, CIRCA 1950-1960 ink on paper; two of the drawings are double-sided

Various sizes 10.4 ins x 7 ins; 26.5 cms x 17.7 cms; Various sizes 9.2 ins x 6.8 ins; 23.4 cms x 17.2 cms; Various sizes 10.2 ins x 6.2 ins; 25.8 cms x 15.8 cms; Various sizes 10.8 ins x 7.3 ins; 27.5 cms x 18.5 cms; Various sizes 10.1 ins x 7.6 ins; 25.7 cms x 19.2 cms

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$1,200 — 1,500

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

TWO STILL LIFE STUDIES, CIRCA 1950-1960

ink on paper

11.9 x 10.3 in — 30.2 x 26.2 cm;

9.8 x 8.8 in — 25 x 22.3 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$400 — 600

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

TWO PORTRAIT STUDIES, CIRCA 1950-1960

one gouache on paper and one ink on paper

7.7 x 6.3 in — 19.5 x 15.9 cm;

7.7 x 5.7 in — 19.6 x 14.4 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$800 — 1,200

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

PORTRAIT OF A MAN WITH STILL LIFE VERSO, CIRCA 1950-1960 gouache on paper

13 x 10 in — 33 x 25.3 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$1,000 — 1,500 22

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

PORTRAIT OF A MAN, CIRCA 1950-1960 soft pastel on paper

13 x 10.1 in — 33.1 x 25.6 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$1,000 — 1,500

ANATOLY TIMOFEEVIC ZVEREV (1931-1986), RUSSIAN

STILL LIFE WITH LEAVES IN A VASE, CIRCA 1950-1960 pastel on paper sheet 14 x 9.9 in — 35.6 x 25.1 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired from George Costakis in 1957 in Moscow, USSR while posted to the Embassy of Canada as a military attaché (RCAF); By descent to the present Private Collection, Toronto, ON

$700 — 800

HENRI HAYDEN (1883–1970), FRENCH/POLISH

STILL LIFE, 1964

oil on canvas; signed and dated “64” lower right

15.25 x 21.75 in — 38.7 x 55.2 cm

PROVENANCE: Private Collection, Ontario

$5,000 — 7,000

WILLIAM LUMPKINS (1909-2000), AMERICAN

UNTITLED, 1972

watercolour on paper; signed with initials and dated “72” lower right sight 16 x 12.4 in — 40.6 x 31.5 cm

PROVENANCE:

Private Collection, Ontario

$400 — 500

WILLIAM LUMPKINS (1909-2000), AMERICAN UNTITLED, 1983

watercolour on paper; signed “Lumpkins”, initialed “WL” and dated “83” bottom left sight 13.9 x 9.75 in — 35.3 x 24.8 cm

PROVENANCE: Private Collection, Ontario

$400 — 500

WILLIAM LUMPKINS (1909-2000), AMERICAN

UNTITLED, 1989 watercolour on paper; signed “Lumpkins”, initialed “WL” and dated “89” bottom right sight 17.25 x 23 in — 43.8 x 58.4 cm

PROVENANCE:

Private Collection, Ontario

$1,500 — 2,500

28

WILLIAM LUMPKINS (1909-2000), AMERICAN UNTITLED, 1986 acrylic on paper; signed and dated “86” sight 21 x 28.75 in — 53.3 x 73 cm

PROVENANCE:

Private Collection, Ontario

$2,000 — 2,500

ALEXIS ROCKMAN (B. 1962), AMERICAN

UMBLICAL TAMBURINE, 1985 oil on canvas; signed, titled and dated verso

33 x 29 in — 83.8 x 73.7 cm

PROVENANCE:

Private Collection, Montreal, QC

$2,000 — 3,000

FRIEDEL DZUBAS (1915-1994), AMERICAN

PHIRRUSS, 1985

acrylic on canvas; signed, titled and dated verso

40 ins x 40 ins; 101.6 cms x 101.6 cms

PROVENANCE:

Gallery Paul Petro, Toronto, ON; Private Collection, Toronto, ON

$60,000 — 80,000

Friedel Dzubas and “Phirruss”

Born in Berlin, Germany in 1915, Friedel Dzubas was the youngest of three sons born to Martin Dzubas, a clothing designer and textile factory manager, and Martha Schmidt Dzubas, a homemaker. Dzubas was encouraged to draw by his grandmother as well as one of his teachers at school, who noticed the young boy’s lack of interest in academic subjects. Dzubas was an autodidact who taught himself to make art, and had no formal training.

After Adolf Hitler came to power in 1933, Dzubas found himself categorized as a person of “mixedrace”—Dzubas’s father was Jewish, his mother Catholic—meaning that the young man was barred from entering university. Though his parents were reluctant for their son to pursue a career in the arts, they allowed him to apprentice to a firm specializing in wall decorations in Berlin. Finding life difficult in the Third Reich, Dzubas and his new wife Dorothea Brasch fled Germany in 1939.

The two made their way separately to the United States, meeting up in Virginia, where Dzubas found work on a farm. Dzubas would move frequently, taking on a variety of jobs in order to facilitate his painting career. Brasch and Dzubas divorced in 1945, after which he relocated to New York City to work as a freelance graphic designer.

NEW YORK, NEW YORK

In New York, Dzubas became involved with avantgarde literary and artistic circles, which led to his meeting Clement Greenberg in 1948. Greenberg was an influential art critic closely associated with American modern art of the mid-20th century and proponent of a new formalist aesthetic. Greenberg would introduce Dzubas to Abstract Expressionist artists including Jackson Pollock, Willem de Kooning and Franz Klein. Dzubas became a member of the Eighth Street Club, which met regularly at the famous Cedar Bar in Greenwich Village to discuss contemporary art, specifically abstraction.

Dzubas’s work at this time was influenced by Paul Klee and William Baziotes, though Dzubas had begun experimenting with soaking his canvases in vats of paint. In interviews, Dzubas cited the enormous influence Pollock had on him in this period – which he explained as being more psychic than stylistic – as Pollock represented a new sort of artistic freedom, a break from older more staid traditions. Another influence was Helen Frankenthaler, who was introduced to Dzubas in 1951 by Greenberg. The two would share a studio the following year. Dzubas’ stain-painting technique would in turn influence Frankenthaler, as well as Morris Louis and Kenneth Noland.

Though his first solo exhibition was held in 1952 at New York’s Tibor de Nagy gallery and was a critical—if not financial—success, Dzubas took a break from painting soon after. He would cease making art for two years due to turmoil in his personal life, triggered by his second divorce, this time from Marilyn Morgan, whom he had married in 1946.

By 1955, the artist was back at work on a series of expressionistic black and white calligraphic-inspired canvases. Colour began to dominate his work again by the early 1960s, specifically deep, velvety hues. Dzubas was inspired by art and architecture from the Baroque period, which he was exposed to during a ten-month trip to Austria and Germany. Some of the titles from this period were drawn from baroque paintings, which may be an early signifier for the present work. It is possible that lot 30, “Phiruss,” may be a misreading or miswriting of Pyrrhus of Epirus, one of the greatest generals of antiquity and an opponent of early Rome, certainly a subject featured in classical art.

A PIONEER OF COLOUR FIELD PAINTING

Dzubas began working with acrylic paint only in the mid-1960s, a full decade after his peers. By 1968, Dzubas was experimenting with scale in a series of extra-large horizontal works, as long as sixty feet across. Increasing the size of his canvases allowed Dzubas to expand his vision for colour abstraction. His magnum opus, “Crossing,” commissioned in 1975, was then believe to be the largest abstract painting of its kind.

Dzubas is viewed as a pioneer of Colour Field painting, which is noted for simplified compositions removed from line and figuration. Colour Field painting is considered to be one half of Abstract Expressionism, the other being ‘gestural abstraction.’ These distinctions were delineated in 1955 by Greenberg, who viewed artists like Barnett Newman, Clyfford Still, and Mark Rothko as Colour Field painters, while gestural abstraction was exemplified by Pollock and de Kooning.

Of Dzubas’s work, the art critic Donald Kuspit wrote in Artforum that “the best of the works [gives] us a new awareness of how far the field can be fragmented into disparate areas of color without losing its unity…Dzubas puts us in awe of color, but he does not put it at a distance from us. He gives us neither Poons’ surge, which seems to show us the behind-the-scenes machinery that runs the surface, nor Boxer’s convoluted, almost hysterically excited unity. Instead, Dzubas is entirely upfront, in the most polite way. His colors have good manners as they engage in their subtle, old-world minuet; there is no frenzied, forced, pseudorebellious urgency here.”

INTERNATIONAL SUCCESS

The sixties and seventies marked a period of great success for Dzubas, who was the subject of more than sixty solo exhibitions around the world. He also received prestigious grants, including two Guggenheim fellowships, a National Endowment for the Arts Painting Fellowship, and Artist-in-Residence appointments at the Institute for Humanistic Studies in Aspen, Dartmouth College, and Cornell University. Dzubas relocated to Ithaca, New York in 1969, where he would teach at Cornell for the next five years. One year after the move, Dzubas divorced his third wife, Allison Gray, whom he had married in 1963. He remarried in 1973, this time to Mary Kelsey, though the marriage only lasted five years.

In 1974, Dzubas’s work was the subject of a museum exhibition at the Museum of Fine Arts, Houston, which was followed up a decade later by a retrospective at the Hirshhorn Museum and Sculpture Garden, Washington, D.C in 1983. Dzubas taught at the School of the Museum of Fine Arts, Boston from 1976 to 1993. He died in Auburndale, Massachusetts in 1994, after a vibrant career spanning five decades.

Prominent collections in possession of Dzubas’s work include the Whitney Museum of American Art, New York, the Guggenheim Museum, New York, San Francisco Museum of Modern Art, the Smithsonian American Art Museum, Washington, the Albright-Knox Art Gallery, Buffalo, New York, the Boston Museum of Fine Arts, Massachusetts and the Metropolitan Museum of Art, New York.

31

MAURICE VAN ESSCHE (1906-1977), SOUTH AFRICAN

TWO FIGURES IN A LANDSCAPE oil on hardboard; signed top left 20 ins x 11 ins; 50.8 cms x 28 cms

PROVENANCE:

Private Collection, Toronto, ON $3,000 — 4,000

32

JULES RENÉ HERVÉ (1887-1981), FRENCH LE TEMOIN ASSAILLI (THE ASSAILED WITNESS) oil on canvas; signed lower left; signed and titled verso 8.1 ins x 10.5 ins; 20.5 cms x 26.6 cms

PROVENANCE:

Dominion Gallery, Montreal, QC; Private Collection, Montreal, QC $800 — 1,200

CECIL KENNEDY (1905-1997), BRITISH MORNING GLORIES, ROSES AND IRISES oil on panel; signed lower left

20 x 16 in — 50.8 x 40.6 cm

PROVENANCE:

Private Collection, London, UK

$2,500 — 3,500

CECIL MAGUIRE (1930-2020), IRISH WARRINGSTOWN, 1961

oil on canvas; signed and dated “61” lower right; an oil painting entitled “Seaside” verso 16 x 20 in — 40.6 x 50.8 cm

PROVENANCE:

Private Collection, British Columbia

$1,500 — 2,500

CECIL MAGUIRE (1930-2020), IRISH CLOCK TOWER, IRVINESTOWN CO. FERMANAGH, 1971 oil on hardboard; signed and dated “71” lower right; signed and titled verso 18 x 14 in — 45.7 x 35.6 cm

PROVENANCE:

Private Collection, British Columbia $1,500 — 2,500

MOSE TOLLIVER (1925-2006), AMERICAN UNTITLED, CIRCA 1986 acrylic on panel; signed 22.5 x 10.5 in — 58.4 x 26.7 cm

PROVENANCE:

Private Collection, Montreal, QC $800 — 1,200

RAY SMITH (B. 1959), AMERICAN BREVE CONFERENCIA DE PAJAROS VII, 1990 oil on canvas; signed and dated lower right; titled to Galería OMR label verso

12.6 x 19.75 in — 32 x 50 cm

PROVENANCE:

Private Collection, Montreal, QC

EXHIBITED:

“Ray Smith,” Galería OMR, Mexico City, 1991

LITERATURE:

The authenticity of this work has kindly been confirmed by Mr. Ray Smith.

$2,000 — 3,000 38

CONSTANTIN PILIUTA (1929-2003), ROMANIAN

DRINKING WHILE LISTENING TO A VIOLIN, 1991 ink on paper; signed and dated upper left sheet 14 x 18.1 in — 35.6 x 46 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired directly from the artist in Romania in 1991.

$500 — 700

39

CONSTANTIN

PILIUTA (1929-2003), ROMANIAN

HOUSES AND FIELDS IN WINTER, 1991 oil on canvas laid down on hardboard; signed and dated lower right

25.6 x 25.6 in — 65 x 65 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired directly from the artist in Romania in 1991.

$2,500 — 3,500

40

ANTOINE BLANCHARD (1910-1988), FRENCH

LES CHAMPS-ELYSÉES, PARIS oil on canvas; signed lower right; signed and titled verso

13.1 ins x 18 ins; 33.4 cms x 45.7 cms

PROVENANCE: Private Collection, Toronto, ON

$3,000 — 4,000

41

SABIN BALASA (1932-2008), ROMANIAN NIGHTFALL, 1991

oil on canvas; signed and dated lower left 21.5 x 31.9 in — 54.5 x 81 cm

PROVENANCE:

Private Collection, Toronto, ON, acquired directly from the artist in Romania in 1991.

$8,000 — 12,000

NYOMAN MEJA (B. 1950), INDONESIAN TAMAN UBUD, BALI

acrylic on canvas; signed and titled lower right

17.9 ins x 15.1 ins; 45.5 cms x 38.3 cms

PROVENANCE: Private Collection, Quebec

$2,500 — 3,500

43

HELMUT NEWTON (1920-2004), AUSTRALIAN/GERMAN

SUMO, 1999-2009

bound printed paper with acrylic book stand; published by Taschen in 2009

16.9 ins x 12 ins x 3.9 ins; 43 cms x 30.5 cms x 10 cms

PROVENANCE: Private Collection, Toronto, ON $1,500 — 2,500

All lots will be offered and sold subject to the Conditions of Sale which appear in this catalogue as well as any Glossary and posted or oral announcements. By bidding at auction, bidders are bound by those Conditions and Glossary, as amended by any announcements or posted notices, which together form the contract of sale between the successful bidder (buyer), Waddington’s™ (auctioneer) and the consignor (seller) of the lot. Description or photographs of lots are not warranties and each lot is sold “as is” in accordance with the Conditions of Sale.

condition of lots

All of the items are to be considered, unless otherwise noted in the catalogue description or condition report, in good condition. The definition of “good” when used in reference to condition, describes an object as having had no major damage or repair but as with the nature of the material, may show minor surface wear, discolouration etc., which indicates the acceptable wear that the piece may acquire with age. If you are particular about minor flaws, you should have our staff answer any questions before bidding. Sizes are approximate. Frames on artwork are not included as part of purchase or condition. It is the sole responsibility of the bidder to inquire as to the condition of a lot before bidding. Condition reports are available upon request by phone, fax, email or in person. You are advised to make any requests well in advance of the sale.

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cites

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For auction advice on paintings, drawings, prints, jewellery, and various forms of decorative arts and other collectibles, please contact us via email or telephone.

We are pleased to review emails containing photographs and information on your pieces in order to provide auction estimates for you to consider.

For collections with a variety of objects, please contact our Appraisals and Consignments department (consignments@waddingtons.ca). For department-specific inquiries, please contact the specialist and/or department directly. All contact information can be found at www.waddingtons.ca.

Our offices are located in Toronto and Vancouver, but our specialists occasionally travel to major Canadian cities to meet with prospective consignors. To receive more information on Valuation Days across Canada or to arrange an appointment, please contact our Toronto office (416-504-9100).

Please note that property typically arrives at Waddington’s at least three months before the sale in order to allow our specialists time to research, catalogue, photograph and promote the items. Consignors will receive a contract to sign, setting forth terms and fees for our services.

Conditions of Sale

1. Each lot is subject to a premium of 23% on the hammer price up to and including $25,000 CAD. Hammer prices in excess of $25,000 CAD will be charged a buyer’s premium of 20%. Buyer’s premium and applicable Canadian taxes are added to the hammer price.

2. Unless exempted by law, the buyer is required to pay Federal Good and Services Tax on the total purchase price including the buyer’s premium.

3. The auctioneer reserves the right to withdraw any lot from sale at any time, to divide any lot or to combine any two or more lots at his sole discretion, all without notice.

4. The auctioneer has the right to refuse any bid and to advance the bidding at his absolute discretion. The auctioneer reserves the right not to accept and not to reject any bid. Without limitation, any bid which is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid may not be recognized.

5. Each lot may be subject to an unpublished reserve which may be changed at any time by agreement between the auctioneer and the consignor. The auctioneer may bid, or direct an employee to bid, on behalf of the consignor as agreed between them. In addition, the auctioneer may accept and submit absentee and telephone bids, to be executed by an employee of the auctioneer, pursuant to the instructions of prospective purchasers not in attendance at the sale.

6 The highest bidder accepted by the auctioneer for any lot shall be the buyer and such buyer shall forthwith assume full risk and responsibility for the lot and must comply with such other Conditions of Sale as may be applicable. If any dispute should arise between bidders the auctioneer shall have the absolute discretion to designate the buyer or, at his option, to withdraw any disputed lot from the sale, or to re-offer it at the same or a subsequent sale. The auctioneer’s decision in all cases shall be final.

7. Immediately after the purchase of a lot, the buyer shall pay or undertake to the satisfaction of the auctioneer with respect to payment of the whole or any part of the purchase price requested by the auctioneer, failing which the auctioneer in his sole discretion may cancel the sale, with or without re-offering the item for sale.

8. The buyer shall pay for all lots within 48 hours from the date of the sale, after which a late charge of 2% per month on the total invoice may be incurred or the auctioneer, in his sole discretion, may cancel the sale. The buyer shall not become the owner of the lot until paid for in full. Items must be removed within 10 days from the date of sale, after which storage charges may be incurred.

9. Each lot purchased, unless the sale is cancelled as above, shall be held by the auctioneer at his premises or at a public warehouse at the sole risk of the buyer until fully paid for and taken away.

10. All lots are sold “AS IS”. Any description issued by the auctioneer of an article to be sold is subject to variation to be posted online and/or announced via email prior to the time of sale. While the auctioneer has endeavored not to mislead in the description issued, and the utmost care is taken to ensure the correct cataloguing of each item, such descriptions are purely statements of opinion and are not intended to constitute a representation to the prospective purchasers and no warranty of the correctness of such description is made. Some lots are of an age and/or nature which preclude their being in pristine condition and some catalogue descriptions make reference to damage and/or restoration. The lack of such a reference does not imply that a lot is free from defects nor does any reference to certain defects imply the absence of others. It is the responsibility of prospective purchasers to inspect or have inspected each lot upon which they wish to bid and to bid accordingly.

11. Payment for purchases must be by cash; interac direct debit (CDN client in person only); certified cheque (U.S. & Overseas not applicable); bank draft; E-Transfer; Wire Transfer (fee applies); visa or Mastercard (up to $25,000).

12. In the event of failure to pay for or remove articles within the aforementioned time limit, the auctioneer, without limitation of the rights of the consignor and the auctioneer against the buyer, may resell any of the articles affected, and in such case the original buyer shall be responsible to the auctioneer and the consignor for:

(a) any deficiency in price between the r e-sale amount and the amount to have been paid by the original buyer

(b) any reasonable charge by the auctioneer for the storage of such articles until payment and removal by the subsequent buyer and

(c) the amount of commission which the auctioneer would have earned had payment been made in full by the original buyer.

13. It is the responsibility of the buyer to make all arrangements for insuring, packing and removing the property purchased and any assistance by the auctioneer or his servants, agents or contractors, in packing or removal shall be rendered as a courtesy and without any liability to them.

14. The auctioneer acts solely as agent for the consignor and makes no representation as to any attribute of, title to, or restriction affecting the articles consigned for sale. Without limitation, the buyer understands that any item bought may be affected by the provisions of the Cultural Property Export Act (Canada).

15. The auctioneer reserves the right to refuse admission to the sale or to refuse to recognize any or all bids from any particular person or persons at any auction.