When Art Gets Broken: An Artist's Battle for Respect and Restitution

Imagine pouring your heart, your heritage, into a piece of art. Now, imagine that art, precious and significant, being damaged while in the very hands meant to showcase and protect it. That, in essence, is the story of Indigenous artist Jessica Johnson and her recent, frankly quite frustrating, encounter with a Vancouver gallery.

It all began when Johnson, a talented artist, entrusted two exquisite bentwood boxes, each valued at a cool $5,000, to Fazakas Gallery for an exhibition. These weren’t just any boxes; they were, in truth, an extension of her creative spirit. And then, well, things went sideways. While under the gallery’s supposed care, both pieces sustained damage. Not a minor scuff, mind you, but enough to significantly impact their market value. You could say, for Johnson, it felt like a betrayal.

Naturally, Johnson sought compensation. Who wouldn't? But the gallery, Fazakas, saw things a little differently, citing a contract clause they believed limited their liability to a mere 50% of the sale price. Now, here’s where it gets interesting, or perhaps, a touch maddening. The Civil Resolution Tribunal (CRT), bless its meticulous heart, took a good, long look at that clause. And what did they find? That it pertained to the loss of artwork, not its damage. A crucial distinction, really.

What’s more, the tribunal found the gallery hadn’t even bothered to prove that the damage only reduced the value by half. Instead, it was determined that the damage effectively rendered the artworks a total loss in terms of their original value, bringing their collective worth down from $10,000 to $5,000. So, in effect, a $5,000 loss for the artist.

Johnson herself, quite understandably, conveyed to the tribunal that she felt utterly disrespected by the gallery's conduct, and honestly, she just wanted to move on from the whole ordeal. This wasn’t just about the money; it was about the principle, the respect due to an artist and their work. The gallery, on its part, mentioned offering repairs, but Johnson was past that point. The trust, it seems, had been broken, much like her artworks, and sometimes, you just can't fix that with a quick touch-up.

Ultimately, the CRT sided squarely with Johnson. Fazakas Gallery has been ordered to pay the artist $5,000 for the damaged pieces, plus an additional $250 in tribunal fees, and a smidgen of pre-judgment interest – a grand total of $5,253.58. It’s a significant win, not just for Jessica Johnson, but for every artist who places their trust, and their art, into the hands of a gallery. It’s a powerful reminder, you see, that galleries bear a real responsibility, a tangible duty of care, for the creative treasures they house. And sometimes, you just have to fight for what’s right, even if it’s a difficult, winding path.