Wednesday, March 25, 2015

>>> Second Anniversary of the Judgement in the Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks...

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... JUSTICE WAS CONFIRMED AS JONATHAN SOMMER'S APPEAL ON BEHALF OF THE PLAINTIF HAD FAILED!
   
Hatfield vs. Artworld of Sherway
/Court File No. SC-09-087264-0000/























 

"Wheel of Life", © 1979 Norval Morrisseau
 /Canvas front & VERSO/


A landmark court decision confirms the authenticity of thousands of Norval  Morrisseau paintings! 

ArtworksHatfield vs. Artworld of Sherway
/Court File No. SC-09-087264-0000/

~ The following is the analysis and decision of Deputy Judge Paul J. Martial's judgement dated March 25th, 2013 and officially issued by the Ontario Superior Court of Justice on April 2nd, 2013 (Pages 35 - 39)
 

ANALYSIS – copy of Judge Martial’s Judgment
(Note: For clarity and brevity, we have removed Judge Martial’s lengthy supporting quotes from the trial transcripts, which he added between the paragraphs)

"The Court has considered in excess of some 750 pages of testimony over five days of hearing and reviewed the exhibits and considered the detailed written submissions of counsel.

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.


"The eye witness testimony of his brother Wilfred Morrisseau who lived with him for substantial periods of time in the North and elsewhere and who saw him sign in black brush paint is convincing and credible.

"The testimony of Marlow Goring supports his testimony in regards to the practise of the artist signing paintings in black brush.

"Wilfred Morrisseau's testimony that his brother painted while in jail and his explanation of his brother's decadent lifestyle and his carefree attitude to life provides a cogent explanation for the lack of receipts to document the provenance.

"The Court adopts Wilfred Morrisseau's testimony that his brother painted a significant number of paintings en masse and it is therefore reasonable to conclude that his production was in the thousands.


"The testimony of Mr. Joseph McLeod is indicative of his care and the detailed efforts to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously.

"His testimony of the origin of the Cree syllabic signature, the name Copper Thunderbird and his interpretation of the painting "Wheel of Life" demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.

"His explanation of the brown more muted colour of the painting compared to the brighter later paintings is credible when considered in the context of pictographs near Lac Seul and in Nipigon where Morrisseau lived and likely the inspiration of the earlier paintings. Such pictographs were also known to exist in the Petroglyphs near Peterborough where Morrisseau formerly resided.

"The Defendants acted reasonably in obtaining one of two appraisals from Mr. Joseph McLeod to authenticate the painting due to his knowledge of and prior dealings with the artist due to the controversy about provenance.

"The Court received the statutory declarations of Norval Morrisseau and letters filed by the Plaintiff in support of the allegation of forgery. This evidence was relevant and although hearsay was admitted since it was relevant to the central issue - Was the painting a forgery?

"In assessing the reliability of that evidence however, the Court notes that since this evidence was not subject to cross-examination it had to be carefully weighed in light of the testimony of all of the witnesses.

"The Plaintiff's own witness Donald Robinson provided viva voce testimony of Norval Morrisseau's inconsistency and difficulty in identifying his own work, and of his unpredictability.

"He agreed that Morrisseau could have memory problems from 2003 to 2006, and of his decline in health due to his illness.

Robinson's admission that he was not surprised that Morrisseau would sign a certificate of authenticity to please also cast doubt on the reliability of the statutory declarations signed by Morrisseau.

"His testimony coupled with the testimony of other witnesses of Morrisseau's Parkinson's disease raises a significant doubt of the reliability of the statutory declarations.

"Although a letter from a lawyer who was present at the signing of the statutory declaration and a doctor's letter were filed at trial, no expert testimony of capacity was proffered by the Plaintiff on such a key issue.

"Mr. Robinson was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified.

"He has no formal training as an expert witness in handwriting analysis and his evidence is rejected.

"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau.

"Mr. Robinson also testified as to his personal dealings with Morrisseau paintings. It was his view that there were a large number of forgeries.

"It was also clear that his personal views and business interests conflicted with his professional opinion since it was in his interest along with Mr. Vadas to maintain the price of Morrisseau paintings which would not otherwise be the case if the market was flooded with paintings sourced from Potter auctions.

"The Court rejects his expert report and his conclusion that the Morellian analysis, style, colour, and provenance all pointed to forgery.

"Mr. Joseph McLeod's testimony is preferred to that of Mr. Ritchie Sinclair. Mr. Sinclair's testimony of numerous forgers paid for with drugs although dramatic was not supported by the evidence.

DECISION

"After a careful consideration of all of the evidence, the Court finds that on the balance of probabilities that the painting "Wheel of Life" dated February 1979 is an original Norval Morrisseau and undoubtedly one of his most notorious paintings.

"The painting “Wheel of Life" is not a forgery. The Defendants did not misrepresent the authenticity of the painting.

"The Plaintiff's claim is dismissed with costs fixed at $1,500.00 dollars pursuant to the written submissions of counsel.

"Dated at Toronto this 25th day of March 2013.

Signed

/Paul J. Martial/"


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~ This document, issued by the Ontario Superior Court of Justice, also includes the introduction, plaintiff's and defence evidence as well as summary of testimonies by Ms. Margaret Hatfield, Mr. Donald Robinson, Mr. Ritchie Sinclair, Ms. Donna Child, Mr. Wilfred Morrisseau, Mr. Kevin Cott, Mr. Joseph McLeod, Mr. Marlow Goring, Dr. Atul K. Singla and Mr. James White.

Source: Deputy Judge Paul J. Martial's judgement
                  /Complete Original Downloadable Document/

                 


            /Complete Original Downloadable Document/

                

 
 
ADDITIONAL INFORMATION:
 

/This is an appeal by the appellant Hatfield from the decision of the Honourable Deputy Judge Paul Martial of the Toronto Small Claims Court dated March 25, 2013./

~ Funded by Canada’s lawyers and notaries for the benefit of all, CanLII provides free access to legal information 

 
Note: "The Hatfield case was unique in that it represented the first time a Morrisseau authentication joust had proceeded through a complete trial – it required five hearings spanning about two and a half years and resulting in 750 pages of published evidence – and ended with a judicial ruling." ~ 'The Globe and Mail'

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"In a stunning, and incredibly detailed and thoughtful ruling, Madam Justice Sanderson, totally backed up the landmark ruling of Deputy Judge Paul J Martial in the Hatfield v Child case, and dismissed entirely the Appeal of Jonathan Sommer for Ms. Hatfield. Madam Justice Sanderson supported entirely, the right of Judge Martial to dismiss in their entirety, the expertise, the expert reports, and the testimony of both Sommer’s witnesses, Donald Robinson of Toronto’s Kinsman Robinson Galleries and its outreach worker Ritchie Sinclair."
 

Source: theMorrisseauHoaxExposedBlog.com

Click HERE to continue reading...

 
>>> REFERENCE POSTS (STRONGLY RECOMMENDED):
- Forensic Document Examination (Part I), - Signatures on Norval Morrisseau artworks certified by Forensic Science- 'A Fabulous Merry Christmas Greeting for Norval & All Canadians from Madam Justice Mary Anne Sanderson', - The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part I)- The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part II)The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part I), - Downloadable Norval Morrisseau Forensic Reports (Part II), - Downloadable Norval Morrisseau Forensic Reports (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part IV), - Morrisseau's artwork in Auction Houses, Commercial Art Galleries & Museums Around the World, - Genuine Morrisseau paintings: Appraised, Authenticated and Forensically Analyzed... /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/ - Experts in Norval Morrisseau's Art (Part I) /Ref.: Mr. Joseph McLeod/ - Norval Morrisseau authenticating his artworks /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Endorsement by Thunder Bay Art Gallery of genuine Morrisseau paintings from 1970's /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Authenticity Statement by Mr. Goyce Kakegamic /'In regards to Genuine Norval Morrisseau paintings acquired from Collections of Mr. Rolf Schneiders and Mr. Gary Lamont/, - Statutory Declaration by Mr. Robert Scott, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/, - Statutory Declaration by Mr. Deiter John Voss, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/ - Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway (Part IV) & - Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks.

~ As per decision of the SUPREME COURT OF CANADA (December 22, 2009), journalists and other media, including bloggers, will be protected from lawsuits if they diligently try to verify information on matters that are in the public interest (click HERE for more information and/or check NORVAL MORRISSEAU BLOG's DISCLAIMER @ the bottom of this page ). ~  

Tuesday, March 24, 2015

Sixth Anniversary of a Michael Moniz's stunning victory against the biggest media giant in Canada (CTV Globemedia, currently Bell Media Inc.)


Michael Moniz (September 11, 1965 - April 13, 2013)

























He Humbled a Canadian Media Giant…

Exposed a Top Arts Journalist’s Professional Disgrace…

And saved a fine Morrisseau BDP* from the trash heap of history.

Alone against the “Establishment” this Canadian Morrisseau collector took on the biggest media giant in Canada (CTV Globemedia) and won a stunning moral, legal, and cultural victory, on March 10, 2009, on behalf of Canada, and all Canadians, and the artistic heritage of Norval Morrisseau.

The lonely battle he fought, at great personal expense, and distress, over two years, served to expose for all Canadians, how – from the very beginning - serial journalistic incompetence continues to be the main tool harnessed by those who attack the painting legacy of Norval Morrisseau, and in the process – together – grievously undermine and devalue the legitimate Aboriginal cultural heritage of Canada.


Source (text): theMorrisseauHoaxExposedBlog.com
                    "Great Canadian Cultural Heritage Hero #1" &
                             Moniz v CTVglobemedia
             

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>>> In a recent court judgement "Hatfield vs. Artworld of Sherway" /Court File No. SC-09-087264-0000/ Judge Paul J. Martial stated the following about Mr. Joseph McLeod of Maslak McLeod Gallery:

“He demonstrated a superior depth of knowledge of Morrisseau…” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 25)


“The testimony of Mr. Joseph McLeod is indicative of his care and the detailed effort to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously. His testimony… demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.”
(Judgment by Judge Paul J Martial: March 25th, 2013 - Page 35)


"His (Ritchie Sinclair's) methodology in identifying forgeries is clearly inadequate and suspect since he testified that he does not even view the original paintings before condemning them as fakes." (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 16)


"Mr. Robinson (of Kinsman Robinson Galleries) was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified.

"He has no formal training as an expert witness in handwriting analysis and his evidence is rejected. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)


"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)


"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 34)

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CLOSING NOTE:

After three years of investigation by the Royal Canadian Mounted Police and the Thunder Bay Police Service and after six court cases over the period of seven years nobody has ever been successful in pointing out one case where it was proven that someone made, sold, distributed or even marketed one "fake" Norval Morrisseau painting.

1.1 - Otavnik vs. Vadas SC 07-51428-00,
2.1 - Michael Moniz vs. CTV Globemedia Publishing Inc.,
3.1 - Drs. Browne and Witmer vs. Bearclaw Gallery,
4.1 - Otavnik vs. Sinclair SC 09-00082782-0000,
4.2 - CASE SUMMARY: Otavnik vs. Sinclair SC 09-00082782-0000,
5.1 - Hatfield  vs. Child SC-09-087264-0000 &
6.1.- Kinsman Robinson Galleries vs. Ugo Matulic CV-10-417123.


~ In all of these court cases Forensic science have been used proving that paintings in question were signed by Norval Morrisseau and nobody else (click HERE and view posted paintings above).


INVITATION TO MEDIA AND ALL READERS:

There are many of you who possess important valuable information such as paintings, photographs and other printed/written materials which will greatly assist our common goal. I urge you to provide this information to me for public record. Norval Morrisseau has become one of Canada's greatest all time artists and is recognized for his importance Worldwide...

... All the parties mentioned in posts presented on this platform are free to comment on this blog's findings under condition that they present their statements and opinions which are backed up with documentation to support these statements and these opinions.

ONLY statements and opinions which are supported with corresponding documentation will be published on this platform for public record and possible discussion.

Also, this invitation extends not just to the individuals and organizations mentioned on this platform but to all Norval Morrisseau's admirers, researchers, investigators, news reporters and art collectors as long as they verifiably disclose their identity...

... Your assistance is needed now! Your actions will greatly benefit your art as an investment and safeguard Norval Morrisseau's Legacy.

Thank you/Miigwetch,


Ugo Matulić a.k.a. Spirit Walker
/spiritwalker2008@gmail.com/

> For the purposes of this blog I would like to be referred to as Spirit Walker. Miigwetch!





 
~ As per decision of the SUPREME COURT OF CANADA (December 22, 2009), journalists and other media, including bloggers, will be protected from lawsuits if they diligently try to verify information on matters that are in the public interest (click HERE for more information and/or check NORVAL MORRISSEAU BLOG's DISCLAIMER @ the bottom of this page ). ~ -

Saturday, March 21, 2015

The Fearful Cost of Filing Malicious, Libelous, & Defamatory “Dead-end” Morrisseau “Fakes” Lawsuits


~ Just published @  theMorrisseauHoaxExposedBlog.com

 The following copyrighted section is an excerpt taken from, “theMorrisseauHoaxExposedBlog.com,” and used with permission from the author John Goldi.

The Biggest Loser - Margaret Hatfield lost a ton of money, and her reputation lies in tatters, for the Ages, because of  her ill-advised and misguided lawsuit, alleging Morrisseau “fakes.” And then, after being confirmed as having a genuine painting by two eminent Canadian judges, compounding the infamy by allowing her painting to be used to promote art terrorism against Canadian collectors and the art of Norval Morrisseau.

The Runner-Up - John McDermott,  wisely bailed out of his similar lawsuit, alleging “fakes,” with minimal damage to his reputation, when, after doing Due Diligence, he saw the disaster that overtook Hatfield, saving himself a ton of money.


And he abandoned BEFORE the Hon Madam Justice Mary Anne Sanderson put the nail in the coffin of Hatfield’s Appeal of the Martial Judgment… Proving to anyone with basic intelligence that McDermott had done the right thing, in the nick of time.

Potentially, the Biggest Loser of All - Kevin Hearn, the celebrity ivory tickler, seems intent on repeating the Hatfield fiasco and seems completely willing to face a looming disaster of epic proportion, to his pocket book, and to his reputation, by being the only left in the entire world, trying to prove something no one has ever done in 15 years and in numerous courts: that there is a forgery factory making thousands of fakes in Thunder Bay, Ontario, and his is one of them. And his advisors, Ritchie Sinclair and Donald Robinson are willing to back him up…


Hatfield spent $60,000 and couldn’t do it; McDermott was convinced he couldn’t do it; Hearn has tons of money, and for back-up, the same multiply-discredited advisors who served their deadly cocktail of misinformation to the little old schoolteacher, with such devastating, and totally predictable results…

Can he do it? Would you bet on it?

In my unreserved opinion, here’s why I’m convinced he’s off to walk the plank…

John Goldi
To continue reading...

(Excerpt from Article by John Goldi, copyright 2015)

Source: theMorrisseauHoaxExposedBlog.com




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Saturday, March 14, 2015

Norval Morrisseau 84th Birthday Anniversary

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Ozaawaabiko-binesi ~ Copper Thunderbird ~ Miskwaabik Animikii

March 14th, 1931 /1932 or 1933/ - March 14th 2012




















My Name is Norval Morrisseau...

"I was born in Forth William, Ontario - it's now part of Thunder Bay - on March 14th, 1931. There were nine of us, all boys. My mother and father were both Ojibway, but my mother was more Ojibway than my father; my father was partly half-breed French." [1]


 


[1] - THE ART OF NORVAL MORRISSEAU ('Jack Pollock's Book') /Lister Sinclair, Jack Pollock, and Norval Morrisseau/; ISBN: 0-458-93820-3 /Toronto, Ontario: Methuen, 1979./;
~ Page 41 ~

* Photography (detail) by Kay Tingley
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