August-2009 - Auctioneers` Association of Alberta

VOLUME 75
NUMBER 2
AUGUST 2009
2009 - 2010 EXECUTIVE
Back Row (L-R): John Perlich, Brent Cheung, Gerald Zimmerman, Ben Kellert,
Jody Lindstrand, Darrell Johnston, Dale Menzak, Wade Michener, Don Montgomery
Front Row (L-R): Robert Lind, Lorraine Klepper, Brad Neal
OFFICE ADDRESS:
R.R. #1, Red Deer, Alberta T4N 5E1
Phone: (403) 340-2070
Fax:
(403) 340-2019
Website: www.albertaauctioneers.com
Editor: Lorraine Klepper
INDEX
Message from the President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Executive & Past Presidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Memorial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Unclaimed Personal Property and Vested Property Act . . . . . . . . . . . . . 5
Hodgins Art Auction
................................... 6&7
Dillinger Pistol Sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Discharge A Registered Secured Lien . . . . . . . . . . . . . . . . . . . . . . 10 & 11
Convention Registration Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Tyro Info . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Tyro Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25, 40, 50 & 60 Year Pins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Alberta Auctions 101 & 102 Courses . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Automotive Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Two Paintings Donated to “Good Will Toronto” . . . . . . . . . . . . . . 18 & 19
Goods Bought were NOT as presented. . . . . . . . . . . . . . . . . . . . . . 20 - 24
Work Wanted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Auction - House partnership going, going, gone . . . . . . . . . . . . . . 26 & 27
Jokes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
HAROLD RAVEN
GENERAL MANAGER
BERNI SMITHMAN
SALES REPRESENTATIVE
Bay #1, 4768 Riverside Dr.
Red Deer, Alber ta T4N 2N7
Phone: (403) 342-2000
Fax:
(403) 347-9290
Let the RAVEN Do Your Printing!
–1–
Letter From The President
HELLO EVERYONE!
I hope everyone is having a great summer! Things must be going ok
since I have not heard a peep from anyone!
There is not a lot to report on in most fronts as most people are on
summer breaks including of course the government!
I want to take this opportunity on behalf of myself and all the rest of the Auctioneers' Association
to extend my most heartfelt Thank you and Good Luck in the future to Delton & Kathy Wolff.
th
The Wolffs' final sale was August 8 , 2009. Delton & Kathy's accomplishments and assistance to
our industry has been immeasurable and we THANK YOU. As a past president, Delton will
continue to offer his guidance and experience through the council.
The directors put a lot of effort into an advertising campaign through springtime TV spots plus 3
months of links from the CFCW (& affiliates around the province) home page directly to
upcoming sales in our web page. I would like to get your feed back on if you felt it was
successful. I personally thought it was good exposure and would like to see it repeated.
With the help of Ben Kellert, your web page director, The Global Auction Guide link seems to be
a huge success, “Thanks Ben!”
In closing, stay safe and hope to see you in Red Deer next January.
Sincerely,
Brad Neal
President
–2–
2009 - 2010 Executive
PRESIDENT
Brad Neal, Sherwood Park . . . . . . (780) 990-4367
VICE-PRESIDENT
Robert Lind, Buck Creek . . . . . . . . (780) 542-0123
PAST-PRESIDENT
Wayne Orsten, Airdire . . . . . . . . . . (403) 333-5908
SECRETARY-TREASURER Lorraine Klepper, Red Deer . . . . . . (403) 340-2070
DIRECTORS
Brent Cheung, Calgary . . . . . . . . . (403) 870-4331
Darrell Johnston, Red Deer . . . . . . (403) 352-3675
Ben Kellert Barrhead . . . . . . . . . . . (780) 893-3619
Robert Lind, Buck Creek . . . . . . . . (780) 542-0123
Jody Lindstrand, Camrose. . . . . . . . (780) 608-0826
Dale Menzak, Vegreville . . . . . . . . (780) 632-9851
Wade Michener, Calgary . . . . . . . . (403) 333- 7355
Don Montgomery, Blackfalds . . . . . (403) 350-0523
Brad Neal, Sherwood Park . . . . . . . (780) 990-4367
John Perlich, Lethbridge . . . . . . . . . (403) 331-9911
Gerald Zimmerman, Wetaskiwin . . (780) 361-7437
COMMITTEE
TERM
EXPIRY
DATE
2010
2012
2012
2012
2010
2010
2011
2012
2011
2010
2011
Automotive – Wade Michener
AMVIC - Wayne Orsten
Canadian Liason: Don Montgomery & Dale Menzak
Education – Don Montgomery
Media – John Perlich
Membership – Darrell Johnston
Legislative – Brent Cheung
Tyro & Sales Bill, etc. – Dale Menzak
Investment Committee – Frank Hall,
Ron Sekura & Brent Cheung
Web Page - Ben Kellert, Jody Lindstrad
2010 Convention – Robert Lind
2011 Convention – John Perlich
PAST PRESIDENTS
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989
1988
Wayne Orsten
Wayne Orsten
Ron Victor
Ron Victor
Colin Spencer
Colin Spencer
Dave Sharp
Dave Sharp
Ron Sekura
Ron Sekura
Elgar Paras
Elgar Paras
Linda Baggaley
Linda Baggaley
Larry Graham
Larry Graham
Delton Wolff
Delton Wolff
Catherine Clausen
Wes Spencer
1987
1986
1985
1984
1983
1982
1981
1980
1979
1978
1977
1976
1975
1974
1973
1972
1971
1970
1969
1968
Wes Spencer
Frank Hall
Ron Sim
Frank McInenly
Bob Balog
Jim Schlenker
Norm Moore
Keith Erdmann
Bob Smithens
Scott Hunter
Karl Zajes
Joe Perlich
Bud Haynes
Les Handley
Larry Irvine
John Allen
John Allen
Roy Campbell
Tony Perlich
Mike Lawrence
–3–
1967
1966
1965
1964
1963
1962
1960
1959
1958
1957
1956
1955
1953
1952
1948
1947
1946
1942
1935
Garfield Ogilvie
Don H. Hutton
Earl Galvin
Walter Kitt
Vern Scown
Vern Scown
Earl Lanyon
Keith Sim
Frank Gwartney
J.C. Robertson
Ted Newby
Ted Newby
Alec Sim
Don Ball
Archie Boyce
C.S. Smith
Joseph H. Reed
Clarence Damron
Arthur Mitchell
In Memory...
Wayne Fraser
Passed away June 10, 2009
Member of Auctioners
Association of Alberta for 16 years
The Name To Know For Insurance
Commercial Insurance
Contract Bond Specialists
Life Insurance
Home & Auto
Employee Benefits
RRSPs
Insurance Broker for Your Association
Monthly Payment Plans • 24 Hour Emergency Service
Contact: Denis Baker, C.I.A.B. or Neil Hogg
Calgary 403-245-1389
Toll Free1-888-838-6653
OVER
100 YEARS
SERVING
ALBERTANS
www.toolepeet.com
Toole Peet & Co. Limited
1135 - 17th Ave. S.W., Calgary Fax (403) 228-0231
–4–
INDEPENDENT
INSURANCE
BROKERS
ASSOCIATION
ALBERTA
Submitted by: Scott Hood
Shawn Gist placed second in the International Livestock
Auctioneer Championship in Calgary on July, 2009. Rob
Bergevin, Ross Annett & Patrick Cassidy placed in the top 10.
–5–
HODGINS
ART AUCTIONS LTD.
ART MARKET IS ALIVE AND WELL
Hodgins Art Auctions of Calgary held an auction of
approximately 300 paintings and prints on:
Monday and Tuesday 25 & 26 May. 29-09
The highlight of the sale was an important painting by Carl Rungius which sold for
$375,000 exceeding the estimate of $250,000 - $350,000
This is the highest selling painting in Canada so far this year exceeding both
major Eastern Canadian Auction houses Sothebys / Ritchies and Waddingtons of Toronto.
Hodgins Art Auctions is the largest art auction company on the prairies.
Carl Rungius and Raymond M. Patterson
It was in 1904 that Carl Rungius made his first trip to White Sheep country in the Yukon’s Ogilvie
Mountains. Rungius was recruited by Charles Sheldon, a retired railway man, adventurer and
wild-life enthusiast, to serve the role of both hunter and official recorder of wildlife. Since
Rungius had comparatively few funds to contribute to the journey he agreed to provide
paintings to the expedition. It was shortly afterward, in 1908, that Rungius had his first major
solo exhibition at the Salmagundi Club (New York). His works depicting paintings and studies of
wild game were met with praise and a few were particularly noted for mastering the balance
between figure and landscape; White Sheep was one such piece lauded for achieving “rare
excellence”.
In Carl Rungius, Painter of the Western Wilderness (Whyte & Hart) Rungius can be seen at work
sketching a Dall’s ram head (p.55). While never painting the white sheep as prolifically as other
subject matter; there are two notable examples illustrated in this book, Wary Game (p.100) and
Alaskan White Sheep (p.153).
Ovis Dalli Rams, Canyon of the South Nahanni, N.W.T. was commissioned directly from
Rungius in the mid-1940s by his friend, fellow hunter, naturalist and adventurer, Raymond M
Patterson. Rungius, inspired by the Canadian Rockies, could often be found at his home studio
in Banff. Patterson, an Alberta rancher, also spent much of his time exploring the Rockies
(Patterson’s Peak in Kananaskis was eventually named after him). Patterson set off in 1927 to
explore the rugged Nahanni (now Nahanni National Park Reserve) at a time when this harsh,
unknown environment claimed many. He became a part of the mythology of “fierce mountain
–6–
men” that could survive the land. Patterson went on to document his adventures hunting,
canoeing and exploring the Nahanni in his book Dangerous River (1954)*. On this, now
immortalized, expedition Patterson first saw the white sheep. It is perhaps this initial vivid
recollection and image (pp. 76-77) that he wanted Rungius to capture:
I ... took a look at a big stony mountain that lay to the north; there was a green patch on it, and
white specks where moving across the green - a dozen or fifteen head, whatever they were; it
was too far to see. It didn’t look like a goat mountain - it looked like a sandstone mountain, and
it was rounded and nowhere precipitous: and suddenly it downed on me that I was looking at
my first Ovis dalli, the white sheep of the North. I stood and stared: the white animals stood out
sharply against the green grass in the intense light of the setting sun, but even with the powerful
glass one could only just see that these were not the massive outlines of goat but sheep with
their graceful legs and lighter movements. Rungius was to use the first Dall’s ram head Patterson
hunted as the model for this painting, undauntedly drawing on his own experiences in the
Yukon.
Patterson loaned the painting for exhibition to The Ranchmen’s Club (Calgary) where he
was a member from 1932-1963. After he moved to Vancouver Island in 1946, Patterson
decided to offer the painting for sale to the Club, as a means of financing his book.
Patterson was always emotionally invested in this painting, offering specific instructions over
the years on care, presentation and lighting. He was the first member to contribute $100
towards the then modest $1500 purchase price of the paining, explaining that his donation
was “in order to feel that I still have some slight share in it”.
Dangerous River has been reprinted several times, mostly in February 2009.
Submitted by Frank Hall
–7–
Submitted by Wayne Orsten
For more information, contact:
RICK WATTIE - Auctioneer/Instructor
Phone: (780) 453-6964 Fax: (780) 447-7307
Toll Free: 1-888-453-6964
Email: [email protected]
–8–
Dillinger Pistol Sold At U.S. Auction for $95,600
Submitted by Brent Cheung
The Remington .41 caliber Double Derringer was said to have been
found hidden in one of Dillinger's socks when he was arrested in Tucson.
A small pistol belonging to 1930s gangster John Dillinger has been sold at auction to
a private collector for $95,600 -- more than double the pre-sale estimate, the
auction house said Sunday.
The Remington .41 caliber Double Derringer (known as the Dillinger Derringer) was
said to have been found hidden in one of Dillinger's socks when he and members of his
gang were arrested in Tucson, Arizona, on January 25, 1934, said Dennis Lowe of
Heritage Auction Galleries in Dallas.
The chain of ownership had been well-documented according to Lowe. Affidavits
attest Tucson's sheriff at the time gave the pistol to a probation officer, whose family
kept it until selling it in 1959.
The owner, who wished to remain anonymous, sold it because he was in declining
health, Lowe said. It had been expected to fetch about $35,000 to $45,000 at the
auction Saturday in Dallas. A private Los Angeles collector made the winning bid of
$95,600.
Idolized by some at the time as a modern-day Robin Hood, Dillinger was a dangerous
criminal, who was responsible for the murder of several police officers, robbed at least
two dozen banks and four police stations, and escaped from jail twice. Dillinger was
shot dead by federal agents outside the Biograph Theater in Chicago on July 22, 1934
at the age of 31.
–9–
Obligations of a Financial Institution to
Discharge A Registered Secured Lien
I've always been of the opinion, and have said on numerous occasions, that the
obligations of a financial institution (or any secured party), falls under the Bank Act of
Canada ....
There you go, I was wrong again.
After some research and some great help from Registries on WYE in Sherwood Park, I
found out that it is governed by the Personal Property Registry Legislation. This is
provincial and can vary from province to province.
The following is Section 50 Sub-Section 2 of the Legislation. If you are completely
wired one day and need to come down in a hurry the whole act is readable online.
Hope this helps.
Brad Neal
Amendment or discharge of registrations
50(1) In this section,
(a) "debtor" includes any person named in a registered financing statement as a debtor;
(b) "secured party" includes any person named in a registered financing statement as a
secured party.
(2) Where a registration relates exclusively to a security interest in consumer goods,
the secured party shall discharge the registration not later than one month after all
obligations under the security agreement creating the security interest are
performed, unless prior to the expiry of that one month period the registration
lapses.
(3) Where a financing statement is registered and
(a) all of the obligations under the security agreement to which it relates have been
performed,
(b) the secured party has agreed to release part or all of the collateral described in the
financing statement,
(c) the collateral description in the financing statement includes an item or kind of
property that is not collateral under a security agreement between the secured party
and the debtor or does not distinguish between original collateral and proceeds, or
(d) no security agreement exists between the secured party and the debtor, the debtor
or any person with an interest in property that falls within the collateral description in
the financing statement may give a written demand to the secured party.
– 10 –
(4) A demand referred to in subsection (3) shall require that the secured party, not later
than 40 days after the demand is given, either
(a) register a financing change statement
(i) discharging the registration, in a case falling within subsection (3)(a) or (d),
(ii) amending or discharging the registration, as the case may be, to reflect the terms of
the agreement, in a case falling within subsection (3)(b), or
(iii) amending the collateral description in the registration to exclude items or kinds of
property that are not collateral under a security agreement between the secured party
and the debtor or to identify items or kinds of property as original collateral or
proceeds, in a case falling within subsection (3)(c), or
(b) provide to the Registrar an order of the Court confirming that the registration need
not be amended or discharged, accompanied with a completed financing change
statement in respect of the order.
(5) If a secured party fails to comply with a demand referred to in subsection (3), the
person giving the demand may register the financing change statement referred to in
subsection (4)(a) on providing to the Registrar satisfactory proof that the demand has
been given to the secured party.
Submitted by Brad Neal
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Join over 450 Auctioneers and Appraisers from across Canada in the
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Membership is your link to our diverse network of knowledge and expertise.
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– 11 –
2010
C O N V E N T I ON
* E A R LY R E G I S T R AT I O N *
TEAR OFF AT PERFORATION AND MAIL IN WITH CHEQUE
January 28-29, 30 2010
BLACK KNIGHT INN
2929-50 AVENUE
RED DEER, ALBERTA
PHONE: 1.800.661.8793
PHONE: 403.343.6666
Registration Form
Name of Auctioneer:
Name of Spouse / Partner:
No. of people in your party:
x $175 = $
After December 31st:
x $200 = $
Total Owing: $
Included in this Registration is:
Welcoming Reception, 2 Breakfasts, 2 Lunches, 2 Dinners
Please make Cheques Payable to:
Auctioneers’ Association of Alberta
R.R. #1, Red Deer, AB T4N 5E1
Tel. (403) 340-2070 Fax (403) 340-2019
Convention
Room Rate
$120.00
– 12 –
Attention!!!
1st And 2nd Year Auctioneers
This is Your Opportunity to Enter The
Vern Scown Memorial
Tyro Contest
You Must Be A Member Of
The Auctioneers Association
Of Alberta And Have Graduated
From A Recognized Auction School!!!
List your upcoming Auctions with us!
Our Listings are Categorized
(Auction Viewers Like This)
* Antiques * Auto & RV • Charity *
* Construction Equipment * Farm & Equipment *
* Estate * Household * Land/Realty *
* Livestock *
ales
uction S
2059 A
ce
in
S
d
te
Lis
01
June 20
Auction Sales Advertising Inc.
P.O. Box 100
Glenside, SK CANADA S0H 1T0
Toll Free: 888-867-9250
Fax: 306-867-9225
Website: www.auctionsales.ca
Email: [email protected]
(Up to 6200 hits per month)
– 13 –
New!
FarmAuctions.com
2010
C O N V E N T I ON
Vern Scown Memorial
Tyro Contest
REGULATION:
THIS IS A CONTEST FOR ANY AUCTIONEER THAT HAS
GRADUATED FROM A RECOGNIZED AUCTION SCHOOL
IN THE LAST TWO (2) YEARS. MUST BE A MEMBER
OF AUCTIONEERS' ASSOCIATION OF ALBERTA.
“Free” Convention Registration for all Tyro Contestants
REGISTRATION
Date:
Name:
Address:
What School was Attended:
Date Graduated from Auction School:
Are you a Member of the Auctioneers’ Association of Alberta?
Signature:
– 14 –
YES
NO
2010
C O N V E N T I ON
25
Doug Johnson
Wes Kukiela
Ron Victor
40
Dot Haynes
Gordon Jackson
Tom Kean
Arthur Poczapski
50
Julian Lubianesky
John Shields
60
Miles Grosseth
– 15 –
2010
C O N V E N T I ON
Alberta Auctions 101 & 201 Courses
THURSDAY, JAN. 28th 2010
A
7:30 am
8:00 am
12:00 pm
1:00 pm
Registration
Alberta Auctions 101 Course
Lunch
Alberta Auctions 201 Course
G
SEMINARS FOR AUCTIONEERS & AUCTION ADMINISTRATORS
Alberta Auctions 101 - 8 am to noon (includes exam)
Fee: $100 - Includes Pre-course Material and Lunch
This will be a mandatory course for all new applicants for Membership in the Auctioneers'
Association of Alberta, and is a pre-requisite for Alberta Auctions 201.
E
TOPICS COVERED:
a) Fair Trade Act and Regulations
b) Code of Ethics of Alberta Association and others
c) The Law of Agency & Contract Law
d) An awareness of Acts and Regulations that apply to specific products
N
Alberta Auctions 201 - 1 pm to 5 pm (includes exam)
Fee: $50 - You must complete Auctions 101 before you can take this course.
Alberta Auctions 201 will be mandatory for all persons who have signing authority on trust
accounts for Auction Sales Businesses that are bonded by the Association.
D
TOPICS COVERED:
a) Trust Accounts
b) Listing Agreement
c) Procedure for Taking Statutory Declarations
d) Terms of Sale
e) Requirements to Maintain Records of Sales
A
f)
g)
h)
i)
Components of Statement to Sellers
GST Requirements
Unreserved vs. Reserved
Title Searches
REGISTRATION
Name:
Address:
Postal Code:
Phone:
Fax:
REGISTERING FOR:
Alberta Auctions 101 (Fee: $100)
Alberta Auctions 201 (Fee: $ 50)
Fee is payable by Jan. 15th, 2010 to: Auctioneers' Association of Alberta
Held at: Black Knight Inn • 2929 - 50 Avenue • Red Deer, Alberta, T4R 1H1
Ph: (403) 343.6666
Pre-course Study Material will be sent to you by mail or e-mail.
– 16 –
Automotive Report
NEW CAR SALES ACROSS CANADA
Submitted by Wade Michener
It 's getting worse not better. Provincial sales of light vehicle for the month of June and year to
date are as follows and now every province is down at least double digits YTD.
Alberta leads the negative pack with sales down 21.4 percent for the month and now 26.5
percent on the year. British Columbia is a close second with sales for the month down 19.6
percent and 25.5 percent on the year.
Saskatchewan has been one of the few daring markets but even they have fallen into double digit
negatives for the year ... now down by 11.1 percent. The strongest region is actually Atlantic
Canada, still negative but generally better than the rest of the nation ( except New Brunswick ).
We rarely see such broad based negatives in the market and this is a clear indication that we have
a lot of ground to cover before we see better times in the automotive sector. This downturn is
likely to be with us for quite a while.
Provincial Sales
June
2009
June
2008
%
Change
YTD
2009
YTD
2008
%
Change
British Columbia
14,498
18,035
-19.6
73,095
98,092
-25.5
Alberta
16,922
21,523
-21.4
90,515
123,208
-26.5
Saskatchewan
3,866
4,089
-5.5
20,883
23,484
-11.1
Manitoba
3,907
4,259
-8.3
20,504
23,660
-13.3
Ontario
50,576
58,550
-13.6
258,662
308,419
-16.1
Quebec
36,685
39,918
-8.1
199,417
236,933
-15.8
3,224
3,897
-17.3
16,926
20,661
-18.1
554
559
-0.9
2,594
2,928
-11.4
Nova Scotia
5,141
5,558
-7.5
23,935
28,841
-17.0
Newfoundland
3,127
3,141
-0.4
14,487
16,781
-13.7
Total Canada
138,500
159,529
-13.2
721,018
883,007
-18.3
New Brunswick
PEI
– 17 –
"Two paintings donated to Toronto Goodwill
store fetch over $150,000 at auction"
Submitted by Wayne Orsten
Two paintings dropped off anonymously to a downtown Toronto Goodwill store last fall fetched
over $150,000 in total at auction on Tuesday. Waddington's sold the works, painted by late
Peruvian artist Federico del Campo in Venice in the 19th century, to an anonymous phone
bidder from overseas.
One painting fetched $80,700 while the other netted $78,400, including the buyer's premium.
That's over their pre-sale estimates of $30,000 to $50,000 each.
"Goodwill received these as a regular donation," said Goodwill spokeswoman Mitzie Hunter.
"They just came into our store (at 4975 Dundas Street West) and the items were place in our
donations sorting area for pricing.
"Our manager, when she touched the paintings, realized that they were something special and
set them aside to be able to research who the artist was."
Hunter says money from the sale is going to Goodwill Industries of Toronto, which creates jobs
for people with disabilities, at-risk youth and newcomers to Canada, among others.
Del Campo, who died in 1927, was considered one of the most important 19th-century painters
of Venice.
"He and his teacher painted in Venice since the early 1880s," said Susan Robertson, head of the
International Art Department at Waddington's auction house. "He painted for a clientele that
was wealthy, European and American travellers.
"His paintings were collected by people from many different countries. When they were visiting
say, Venice, they would buy an example, a memory of their trip."
The oil-on-canvas paintings sold Tuesday had the titles "A Venetian Canal With Santa Maria
Della Visitazione and Santa Maria Del' Rosario" and "The Sunlit Venetian Backwater With
Gondaliers."
Both were both signed, dated 1895 at Venice and were 60 centimetres by 41 centimetres.
It appears neither has ever been exhibited, said Robertson.
"The condition was very good," she said. "They were very clean, original canvases, in very good
condition. There were very minor blemishes on each."
...continued
– 18 –
Robertson assumes the works were bought in Venice and kept in a private collection in Canada.
The frames on them were from North America, she added.
Since Goodwill's 36 Toronto sites are visited by over 2,500 donors a day, it's impossible to know
who dropped off the items, said Hunter.
"We don't have a mechanism for tracking donations so we accept our donations in good faith
and to utilize it for the mission of the organization," she said. "And this was part of that, you know,
people bringing stuff to Goodwill and Goodwill selling those items to then provide the funding
for the mission."
Hunter says Goodwill has received donations of items that turned out to be very valuable but this
is, in her memory, the most lucrative gift.
She adds the sale is extra important during these tough economic times.
"The support from donors is vital to Goodwill as a charitable organization," she said. "It's what has
fuelled and sustained and supported Goodwill for over 74 years and the work that we do is even
more vital now in these recessionary times.
"Goodwill started off in a depression in 1935, and today we're still responding, still adapting, still
meeting the needs of people in our community that are trying to lift themselves out of poverty
through the power of work and that's why Goodwill exists, and all of the proceeds from today's
sale will go towards that mission of the charity."
TS
Ted Stefiuk Insurance Services
Ted Stefiuk
RHU CFP CLU B. Sc. Pharm
• Disability Income •
• Critical Illness Insurance •
• Life Insurance •
• Group Insurance •
• Segregated Funds •
905 Highfield Place 10010 - 106 Street
Bus: (780) 429 - 4580
email: [email protected]
– 19 –
Edmonton, Alberta T5J 3L8
Fax: (780) 426 - 2405
Toll Free: 1-866-529-4580
Photograph by: Kaz Ehara, The Ottawa Citizen
"Deborah Smith and her husband, Cha Loh,
bought $17,000 worth of art, jewelry and rugs at an
auction in Milton Feb. 14-15 from a men named
Dominic Briscoe. Bome of the goods bought were
not as represented, or can’t be verified"
OTTAWA — The large ad in the Feb. 13 Globe and Mail was enticing. Due to the financial
collapse of a "hedge fund guru," it advised, the U.S. Auction Corp. had ordered the liquidation of
more than $3 million worth of fine art, jewelry and carpets from a "major private collection."
The auction, conducted by National Estate Marketing Inc., was to take place over the next two
days at the swish Rattlesnake Point Golf Club in Milton, Ont., the ad said. What has since come
to light raises troublesome questions about itinerant auctioneers who operate in largely
unregulated jurisdictions like Ontario for a weekend selling art, jewelry and carpets, then move
on, having sold thousands of dollars in goods to people.
People like Oakville doctor Deborah Smith and her businessman husband, Cha Loh, who
spotted the ad and decided to check out the sale. They'd never been to such an auction before,
but had recently moved into a new home and were anxious to jettison their old framed posters
and lithographs in favour of some original art. They were greeted by a well-dressed auctioneer in
his mid-40s with an amiable demeanour and mild South African accent. He identified himself
only as Dominic. He told those present the items were from a house in Connecticut called
Highmeadow, and flashed a brochure about the magnificent estate, said to be once owned by
Man from U.N.C.L.E. star Robert Vaughn. As bidders noshed on complimentary refreshments,
the auctioneer told them they had the opportunity to purchase valuable art at less than
appraised value. He exhorted higher bids by tracing a small square on a painting and saying the
current bid would purchase only that fraction of the piece. More than once he said a winning bid
...continued
– 20 –
covered only the cost of the frame, not the art within it. On the first day, Smith bought three
original oils by Israeli artist Irit Kalechman, a black pearl necklace and three Beluch rugs,
described as antique. In total she charged more than $8,400 to her AmEx. The couple returned
the next day. Loh used his Diner's Club card to buy a Paul-Émile Pissarro pastel and a pen-andink drawing by Cuban artist Carlos Comesañas, and his Visa to purchase a Renoir helio-gravure,
a necklace of freshwater pearls and two more "antique" Beluch rugs, ringing up nearly $8,800 in
further charges. They weren't even the highest rollers. One person paid $20,000 for a work
described as an impressionist oil painting. Unlike some other artworks, the Kalechmans had no
certificates of authentication attached. So at the end of the second day, the couple approached
the auctioneer to ask for proof the works were authentic. He promised to send it by e-mail as
soon as possible. Only then, Smith says, did they learn his full name -- Dominic Briscoe.
By evening, Smith and Loh were starting to doubt the authenticity of their purchases, in part
because the Pissaro and one of the Kalechmans had identical, low-end frames. Loh called
Briscoe, who promised them a full refund if they weren't "a million per cent" satisfied the items
were genuine. But when, in follow-up e-mails, the couple pressed for the names of the previous
owners, which appraisers had advised were needed to establish provenance, Briscoe replied
that the names were confidential under the terms of sale they had signed.
He never did supply authentication certificates for the Kalechmans -- just a link to the artist's
website. Then, for more than a month, Smith and Loh heard nothing. After the auction, Smith
and Loh Googled the name of the man to whom they'd just given more than $17,000. They
quickly learned some "alarming things," Smith says.
Briscoe's name popped up on a website that allows members to post anonymous allegations
against businesses and individuals. They also found a 2005 Citizen story that detailed the
experiences of Edmonton professor Norman Temple, who spent $3,745 on what auctioneer
Briscoe had described as a signed Picasso lithograph. An investigation by the consumer
programs branch of Service Alberta concluded the work was a reproduction from an art book,
worth about $50. The branch secured a refund for Temple from Home Style Furnishings, the
company that hired Briscoe to conduct the auction, then promptly cancelled its auction licence.
Further investigation by the couple and the Citizen has uncovered more information about
Briscoe, including:
- He failed to obtain an auctioneer's licence from the town of Milton. Town officials want to take
"enforcement action" -- a $250 fine -- but have been unable to locate Briscoe, says town clerk
Troy McHarg.
- National Estate Marketing Inc., owned by Briscoe and based in Bragg Creek, Alta., was
deregistered by the Alberta government in January for not filing financial reports in 2007 and
2008. U.S. Auction Corp., which supplied the goods auctioned in Milton, is owned by Asher
Milchman. Last December, Milchman and two family members settled a civil lawsuit filed by the
Los Angeles city attorney. The lawsuit alleged the Milchmans sold thousands of dollars of cheap
posters as original, limited edition prints.
To settle, the Milchmans agreed to pay a $25,000 civil penalty and refund money to those who
bought framed prints at their California auctions in the past four years, court documents show.
...continued
– 21 –
Asher Milchman also agreed to stop holding auctions in California. He now operates
U.S. Auction Corp. out of Leonia, New Jersey. Briscoe's profile on the business networking site
LinkedIn identifies him as an auctioneer with the company, and his U.S. auction licences give the
company address as his own. According to Ontario's Ministry of Revenue, neither U.S. Auction
Corp., National Estate Marketing Inc. nor Briscoe have a vendor's permit in Ontario, required for
those who collect sales tax. Briscoe charged Smith and Loh tax, but got the amounts wrong -- six
per cent GST and seven per cent PST, instead of five and eight per cent respectively.
The Auction Advisory Board in Illinois met last November to consider revoking Briscoe's licence
after the Illinois Department of Financial and Professional Regulations alleged that he falsely
declared he'd never been convicted of a criminal offence or been denied a licence or disciplined
in other jurisdictions. The board has made a recommendation but can't release it until a senior
official signs off. The department's written complaint says officials received a memorandum in
June 2007 saying Briscoe had failed to disclose a felony. According to court records in Liberty
County, Georgia, Briscoe pleaded guilty in 2005 to possession of "controlled substances," a
felony drug offence. His sentence of three years probation was suspended after he paid a $3,405
fine. The Illinois complaint also says Briscoe concealed the fact that his licence had been
suspended in Massachusetts. An official at the Massachusetts Board of Standards says Briscoe
misrepresented the age and origin of an oriental carpet he sold at auction for $13,200. To settle
the matter, Briscoe refunded the money and the state suspended his licence in 2003. It has since
been reinstated, with no further complaints.
The department of licensing and regulation in Texas fined Briscoe $1,500 in 1995 for
conducting auctions for an unlicensed company and failing to report a change of address.
Briscoe's website, northamericaauctions.com, touts an "exclusive" relationship with The
Vanderblue Team, a Connecticut realtor. Company president Julie Vanderblue says she used
Briscoe's services three or four times at some of her high-end homes -- he even successfully
auctioned one off for her -- but dropped him after a customer disputed the authenticity of
something Briscoe sold her. Briscoe refunded the customer's money eventually, but not before
the dispute turned into a "fiasco," Vanderblue says. "My reputation is too important to me to have
any question, so I stopped using him," she says. Vanderblue was upset that her company logo
was on Briscoe's website. "I've got to call him and get it off," she said during an interview in early
March. However, the logo is still there. One of the artworks Loh bought from Briscoe came with
a certificate of authenticity signed by an art professional. But the title on the piece is wrong and is
misspelled on the certificate. As well, Smith says the signature looks different from those on
certificates signed by the same individual authenticating other works for sale on the Internet.
In a bizarrely punctuated e-mail to Smith, the man apologized for the "maybe mistake" on the
authenticity certificate, adding: "We do over 200 per day sometimes and I miss somethings (sic)
but im sure I can correct it." Loh says the "art professional" told him on the phone that "people"
bring him several hundred prints of a single piece at a time for authentication. The piece Loh
bought is definitely legitimate, Loh says the art professional told him, because he authenticated
it and Briscoe is reputable. Asked about the inconsistent signatures, he said the signatures look
different because he scribbles them, Loh says. He did not return messages from the Citizen.
While Briscoe ignored repeated messages from Smith and Loh, he called from Bragg
Creek,Alta., where he says he lives, within an hour of receiving a Citizen e-mail requesting an
...continued
– 22 –
interview for this story. Declaring that he's "an open book" with nothing to hide, he says the
postings about him on the Internet have done "irreparable damage." The fact that Smith and Loh
became "uncomfortable" after reading about him on the Internet is irrelevant, he says. "It doesn't
matter how they feel about me. Let the goods stand on their merit." Everything the couple
bought is legitimate, he says. "What more does he want? I don't understand this. The pearls are
pearls. The rugs are rugs." In fact, Briscoe says, the pearls "are worth a hell of a lot more" than the
couple paid. That appears to be true of the black pearls, for which Smith paid $3,500 plus tax
and Briscoe's 15-per-cent commission. She's since had them appraised by a gemologist, who
says they're probably worth about $8,000.
But the gemologist told her the freshwater pearls Loh bought for $350 were cheap Chinese
products worth about $6 a strand. The entire necklace, including its $60 clasp, is worth about
$100. Briscoe told bidders a single strand was worth $200, implying the six-strand necklace was
worth more than $1,000. As for the three oils by Irit Kalechman, Briscoe says Loh spoke to the
artist and her agent and verified their authenticity. But Smith says that's untrue. She sent
photographs of the works to Kalechman, who confirmed by e-mail that the paintings were her
work but could be copies, she says.
The artist advised Smith to run her fingers over the canvasses to see if they were “bumpy," as oil
paintings ought to be. Smith says the paintings were bumpy in places, but "absolutely smooth" in
others, raising questions in her mind about their authenticity. When Smith told her what she'd
paid, the artist e-mailed back: "Next time buy directly from me: Both of us shall win." Briscoe
says client confidentiality means he can't reveal previous owners of the art purchased by Smith
and Loh, a practice he says is standard in the auction business. While it's true that galleries
generally don't name owners of works they sell, if there's a serious question about provenance,
says Robert Heffel, owner of Vancouver's prestigious Heffel Gallery, "I think it would be
incumbent on the dealer or auction house to disclose the private person's name."
Briscoe says he holds auctioneer's licences in four American states. "I have never had one
complaint," he declares. "If I'm going around doing a whole lot of shenanigans, surely it's going to
catch up with me." When challenged about that, though, he readily admits that he has, in fact,
had complaints. "I sell thousands of pieces of artwork. Every now and then, yes, a piece or two
slips through," he says. When that happens, he says, he refunds the money. "But not because of
buyer's remorse, and not because they read something about Dominic Briscoe on some garbage
website." Briscoe says he didn't get a licence for the Milton auction because he didn't know one
was required. He handles auctions for Milchman's U.S. Auction Corp. "occasionally in the U.S.,"
where he says he does "99.9 per cent" of his work. For the Milton auction, Briscoe says Milchman
"had a large contract which he needed disposing of. I was working in Canada at the time. I said,
'OK, I'll do it.' " Asked why he associates with Milchman, Briscoe shot back: "What's wrong with
that individual? Because somebody brought charges against him, now that means he's
untouchable?" Milchman, he says, was the victim of a "witch-hunt" by the Los Angeles city
attorney. "I do nothing wrong and I'm not hiding from anybody," Briscoe declares. "But I can't be
bullied by people like Mr. Loh. Everything was done a million per cent, and now he wants his
money back because of what he read about me. I don't do business on feelings and opinions. We
do business on facts." Despite his Alberta address, Briscoe cannot legally conduct auctions in the
province, and Michael Wagener, a senior investigator with Service Alberta who worked on the
...continued
– 23 –
Norman Temple case, says his ministry would block any licensed company that tried to hire him.
But there are plenty of other, less-regulated jurisdictions in Canada and the U.S. where itinerant
auctioneers like Briscoe can ply their trade with little or no oversight. Only Alberta,
Saskatchewan and New Brunswick have province-wide licensing regimes for auction
companies or auctioneers. In the U.S., just 27 states require auctioneers to hold professional
licences. Itinerant auctioneers gravitate to "the areas of least resistance," says Wagener. That
includes Ontario and Quebec, which have no province-wide regulation of the auction business.
As well as the Milton auction, Briscoe has presided over sales in Richmond Hill and Montreal in
recent months.
While some municipalities, including Ottawa, license auctioneers, many don't. "If Ontario isn't
regulating it," Wagener says, "then it's easy pickings. " 'Wild west' is maybe one way of saying it,"
agrees Ken McGregor, the secretary-treasurer of the Auctioneers' Association of Ontario, which
represents about 20 per cent of the estimated 800 to 900 auctioneers active in the province.
When people ask McGregor what they need to do to become an auctioneer, he's embarrassed
to have to tell them, "go ahead with my blessing, because I can't do anything about it. It's not
really a very good situation." McGregor says he spends most of his time trying to resolve disputes
between customers and auctioneers. Provincial officials, he says, "don't want to touch it," despite
potential violations of consumer protection and sales tax laws. "It's up to them to police their own
acts as far as we're concerned, but they tend to shoot it back to us and say, 'you're the professional
body,'" says McGregor. Yet the province refuses to make it mandatory for auctioneers to join the
association, meaning most are beyond its control. "If they screw up, we get a black eye as an
industry, and we can't do much about them," says McGregor. "It's most unfortunate." On March
20, Deborah Smith e-mailed Dominic Briscoe an ultimatum: refund the couple's money or they
would "escalate this matter with the police." Later that day, Briscoe broke his month-long silence.
"This is becoming more trouble than it's worth," he groused in an e-mail to Smith. He admitted to
having been "in these situations before, but in very different circumstances, not any as rediculous
(sic) as yours." The following week, Briscoe e-mailed Smith again, promising he would send a
bank draft for $17,218.38 -- a full refund. The money showed up April 2. But though the couple
was able to get the money back, Smith isn't prepared to drop the matter until jurisdictions like
Ontario start regulating the auction business like Alberta does. "We need to step all over this," she
says. "I don't want to just let him pay me off and then go away quietly."
Submitted by Scott Hood, Service Alberta
Hello! Auction Companies!
My name is Aron Fehr, 27 years old, and have loving wife, 4 children. I
live in Prespatou B.C. I am looking for a full time auctioneering job or
some ringman as well. I took an auctioneering course at Western
Canada School of Auctioneering in August 2007. I am a member of
the Auctioneers Association in British Columbia and Alberta.
For more details Ph: 250-630-2705 or 250-261-4198.
– 24 –
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– 25 –
Auction-house partnership going, going, gone
By Randy Roswell, Canwest News Article Service, July 22, 2009
Algoma Hill landscape by Group of Seven founder Lawren Harris
joined a select group of million-dollar Canadian artworks in auction
by Sothby’s Ritchies when it went for $1.4 million
One of Canadian art's major auction partnerships has been scrapped after Toronto-based
Ritchies admitted it missed a payment deadline for a number of clients who had consigned
paintings for a multimillion-dollar joint Sotheby's-Ritchies sale in May.
Sotheby's Canada president David Silcox told Canwest News Service on Wednesday that failing
to promptly pay consignors after a sale is a "cardinal sin" in the auction business and that
Sotheby's moved quickly to end its seven-year association with Ritchies.
Ritchies president Stephen Ranger acknowledged in an interview that "there was a delay" in
payments following the May 25 auction of Canadian art, but that "Ritchies has never reneged on
paying a consignor — and we won't."
Ranger said it was his company that terminated the relationship.
He said it's now business as usual for Ritchies — including its current online auction of gold
jewelry and its Seasonal Discovery sale set for July 27.
"Our relationship with Sotheby's is terminated, and we're going forward without them — as we
had for the 30 years before we worked with them," Ranger said.
...continued
– 26 –
In a statement, Sotheby's said: "We have recently heard from a number of consignors and from
Ritchies management that Ritchies has not yet paid them for the paintings that were sold."
Silcox emphasized that Sotheby's has had an auction-services agreement with Ritchies since
2002 but had "no ownership interest" in the company.
The statement also said Sotheby's has "voluntarily" offered to ensure payment to all consignors
from the May auction, which was highlighted by the sale of two landscapes by Group of Seven
master Lawren Harris for $175,000 and $100,000.
The auction drew bids totalling $3.5 million.
“Sotheby's is of course extremely concerned to learn about this situation," the statement noted.
"While Ritchies is the auctioneer of record and is contractually responsible for paying out all
consignors to the auction, Sotheby's is communicating with each of those consignors of the May
25th sale that we are voluntarily ensuring that all payments due with respect to that sale will be
honoured."
Payments by Ritchies to consignors had been due around July 8, Sotheby's said. Its collaboration
deal with Ritchies expires on July 31, the statement added, and "Sotheby's does not intend to
renew this agreement."
Despite their unexpected and apparently unfriendly parting of ways, Sotheby's and Ritchies
have been key players during a remarkable run for the Canadian art market in recent years.
Among the highlights of their seven-year partnership was the $5.2-million sale in 2002 of Scene
in the Northwest — Portrait by Paul Kane, an 1846 painting of Victorian-era scientist John Henry
Lefroy.
The portrait — which by far garnered the highest price yet paid for a Canadian painting — was
purchased by late media baron and art collector Kenneth Thomson.
Sotheby's-Ritchies auctions have produced seven other million-dollar sale prices for Canadian
paintings, a key factor in the record-setting hot streak for the country's art sellers during this
decade.
Before 2002, only four Canadian paintings had been sold for more than $1 million. Today, the
million-dollar club for Canadian art includes more than 30 canvases.
Those sold by Sotheby's-Ritchies include five Harris paintings — Northern Painting 25 ($1
million), Nerke, Greenland ($2.1 million), Winter in the Northern Woods ($1.6 million), Algoma
Hill ($1.4 million) and Figure With Rays of Light ($1.1 million) — as well as Tom Thomson's Pine
Trees at Sunset ($2 million) and James Wilson Morrice's Effet de Neige ($1.7 million).
Submitted by Frank Hall
– 27 –
– Jokes –
Lone Ranger and Tonto went camping in the desert. After they got their tent all set
up, both men fell sound asleep.
Some hours later, Tonto wakes the Lone Ranger and says, 'Kemo Sabe, look
towards sky, what you see? '
'The Lone Ranger replies, 'I see millions of stars.'
'What that tell you?' asked Tonto.
The Lone Ranger ponders for a minute then says, 'Astronomically
speaking, it tells me there are millions of galaxies and potentially billions
of planets. Astrologically, it tells me that Saturn is in Leo. Time wise, it
appears to be approximately a quarter past three in the morning.
Theologically, the Lord is all-powerful and we are small and insignificant.
Meteorologically, it seems we will have a beautiful day tomorrow. What's it
tell you, Tonto?'
'You dumber than buffalo droppings. It means someone stole the tent.
A lady went to an auction and was smitten by a beautiful parrot for sale and
decided that she must own this gorgeous bird! When the bird came up for sale, the
auctioneer asked, “How much am I bid for this parrot?”
The lady bid “Seven hundred dollars”
“Eight hundred!”
‘Eighty hundred fifty!”
“Nine hundred fifty!” went the next several bids, and the lady bid
“One thousand dollars!”
The bidding went on this way for several minutes until she found herself the proud
owner of an parrot for $1500. She approached the auctioneer and asked him,
“Can the bird talk?” To which the auctioneer replied,
“Lady who do you think was bidding against you?”
Everyone knows auctions speak louder than words - because of auction-ears. And
it’s still the one place where you can still get something for nodding. But of course
you do have to stay to the bidder end.
– 28 –
Autumn Greetings