Vancouver: The B.C. Supreme Court system will determine whether Vancouver filmmaker John Pozer, who directed The Grocer’s Wife, is right to be Kissed off by former business partner and common-law spouse Lynne Stopkewich.

In a lawsuit filed in Vancouver March 20, Pozer alleges that, starting in 1994, writer/director Stopkewich forged his signature in the creation of corporate documents related to the creation of Vancouver-based Boneyard Film Company, producer of the necrophilia romance feature Kissed, thereby cutting him out of profits from the film.

Stopkewich, who was drafting a defence strategy at press time, denies Pozer’s allegations and is considering a counter suit.

Pozer’s Statement of Claim suggests that he was instrumental in creating the financial structure for Kissed, created as part of Stopkewich’s Master’s thesis for the University of British Columbia’s film department. Pozer alleges that, using the financing model for The Grocer’s Wife, he financed Kissed through ‘a limited number of initial investors owning equity shares in the corporation and further investors being offered profit participation units based on the amount of their investment.’

In the financing model, 50% of profits from Kissed would be allocated to the profit participation unit holders, including Pozer, who maintains he owned 10% of the profit participation shares.

He also alleges that he put $20,000 toward the $175,000 production budget and that the couple had a binding financing agreement whereby Pozer owned 49% of the equity (compared to Stopkewich’s 51%) in Boneyard, incorporated to support Kissed’s financing.

Pozer alleges, however, that Stopkewich forged Pozer’s signature in a do-it-yourself incorporation kit that assigned Pozer only 29% of Boneyard, herself 51% of the company and Dean English, who is also named in the lawsuit, 20%. Later, Pozer alleges, Jessica Fraser (the third individual named in the lawsuit) was elected as a Boneyard director and was given 9% of Boneyard from his equity holdings – corporate changes that he didn’t authorize and required another forgery of his signature.

‘Pozer’s signature on these documents is forged,’ states the claim filed by Vancouver lawyer Murray Tevlin of TevlinGleadle Employment Law Strategies. ‘Pozer has never agreed to elect Fraser as a director of Boneyard and has never agreed to transfer any of his shares in Boneyard to Fraser. All the alleged forgeries were done by Stopkewich in order to wrongfully deprive Pozer of his rightful property and the benefits flowing from that property.’

The writ, which claims Pozer only discovered the forged documents in November 2001, also notes that Pozer’s middle name Melbourne is misspelled as Melborne on documents containing his alleged forged signatures.

‘Pozer would not have affixed his signature above a misspelled rendition of his name,’ states the claim.

According to Pozer, Kissed has grossed enough for the profit participation shareholders to be repaid their initial investment plus 100% return on their investments – although Pozer says he has not received dividends reflective of his claimed 49% ownership of Boneyard.

Lawyers at the Vancouver office of Heenan Blaikie say Stopkewich will file a Statement of Defence denying Pozer’s allegations. ‘There is no truth to his claims,’ says lawyer Arthur Evrensel.

Pozer is asking the courts to appoint a receiver to take charge of Boneyard, declare him the 49% owner of Boneyard, declare the transfer of shares to Fraser null and void, and award damages from Stopkewich for the difference between the dividends Pozer actually received and what he claims he should have received, punitive damages and costs.