Sunday, July 4, 2010

Norval Morrisseau Conspiracy Unveiled (Part XXVII)

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Exhibit No. 24
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"Untitled", 55"x19" ea., © 1969 Norval Morrisseau
~ Paintings involved in a court case Otavnik Vs Vadas SC 07-51428-00
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>>> The following are important documents regarding a court case Otavnik Vs Vadas SC 07-51428-00 and include:
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a) Forensic Report by Brian Lindblom, Forensic Document Examiner,
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b) Apraisal by Joseph McLeod of Maslak McLeod Gallery - member of Art Dealers Association of Canada (ADAC),
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c) Statement of Claim,
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d) Defendant's Claim and
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e) Letter sent to Mr. Joseph Otavnik by Gabor Vadas' lawyer(s) regarding the signed Minutes of Settlement and Full and Final Release (click HERE) & cheque in the amount of $11,000 representing the agreed upon settlement funds.
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a)
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~ Dated March 13th, 2007
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> Forensic Report for the paintiungs in question by Brian Lindblom, Forensic Document Examiner (click on image to view full report).
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b)
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~ Dated March 20th, 2007
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> Apraisal of the paintings in question by Joseph McLeod of Maslak McLeod Gallery - a member of Art Dealers Association of Canada (ADAC),-
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c)
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~ Dated April 16th, 2007-
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I contend that Mr. Vadas interfered in the sales process between myself and a third party (Heffel Auction house) which directly lead to a loss of sale (and revenue) on my part. My damages are estimated at the amount I could have reasonably been expected to receive given past sales results (and current projections) made at Heffel with respect to the same artist-Norval Morrisseau.
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On Aug 1st, 2006 I entered a consignment agreement with Heffel Auction house in Toronto, Ontario as per Exhibit # 1 The lots are labeled AOL0906-E04085-001 and AOL0906-E04085-002. Heffel took possession of the lots on Aug 1st, 2006 and the lots were to be offered in the upcoming September on line auction which was to start on approx. 4.00pm EST Sept 4, 2006 and was to end approx. on September 30th, 2006. The items were initially posted on the on line auction for approx. for a week before they were taken down all of a sudden on and about September 12th, 2006. My two lots and 4 others were taken off approx. 1 week later right after the email sent by Mr. Vadas to Judy Scolnik at Heffel as per Exhibit # 2 as per lots # 027, 030, 032, 033, 034 and 035. (Judy Scolnik was the same person that accepted my consignment.) All of the items from all consignors which Mr Vadas said were fakes were withdrawn and not sold. Enclosed please find Exhibit # 3 which is the auction sale results for the Sept on line auction with corresponding lot numbers. (I submit that it is not a coincidence that Mr. Vadas complained about all the lots and all the lots were removed).
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Mr Vadas claimed that my two lots were not authentic. I am suing with respect to lot AOIXJ906-E04085-002. Enclosed please find a forensic document as per Exhibit # 4 which confirms that Norval did sign the lot in question. Given that the lot in question was painted in 1969 it is only common sense that the signature and painting have shown wear and tear through the years. This report is from an independent forensic expert and I have enclosed his extensive CV. The signatures are not something Mr. Vadas would have seen because it was not shown on the on line auction and he never personally viewed the item because he complained via email from his home province of British Columbia. Moreover, at best Heffel could have only provided Mr. Vadas with a photograph of the signature.
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I have enclosed a statement of opinion form a very experience retailer who has sold Norval's work for over forty years and is the recognized expert on Norval Morrisseau-Joe McLeod. I have enclosed his extensive CV as per Exhibit # 5. I have several other art dealers who are willing to give my more opinions if required. I can if required provide statements from several art framers who are a very experienced and knowledgeable with respect to Norval's work and the authenticity of this painting. I have also enclosed a statement from one of Norval Morrisseau's sons - David with respect to the authenticity of this painting as per Exhibit # 6.
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Also, enclosed please find a copy of a picture of Norval with his son Christian which was taken on Dec 9, 2006 in British Columbia at Norval's nursing home as per Exhibit #7 Christian Morrisseau is willing to testify to the fact that his father is in no condition to give any opinion on anything yet alone anything he painted over 35 years ago. It is also public knowledge that Norval is in the advanced stages of Parkinson's and may suffer from Korsakoff syndrome due to Norval's widely publicized alcohol and drug use of which he has freely admitted to publicly. Thus, I have statements from independent experts, art dealers and members of Norval's family.
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Mr Vadas has a pattern of threatening legal harm on anybody who is trying to sell any of Norval's work that was done prior to him meeting Norval on the streets of Vancouver in the late 1980's when they were both homeless. Enclosed please find Exhibit # 8 where Mr. Vadas threatened this auctioneer if he didn't stop selling works of art from Norval Morrisseau. This auctioneer (Mr. Randy Potter) ignored Mr. Vadas and Mr. Vadas has done nothing because he knows where the painting came from and he knows they are authentic.
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Moreover, it is clear the Mr. Morrisseau has not rendered any opinion on anything nor does he care about his past work. He has made this abundantly clear in many interviews and newspaper articles. I can find articles and can have people attest to the fact that Norval doesn't even care if people are copying his style of painting or even if they are selling fakes. Norval Morrisseau is a true artist in the sense that he painted for himself and does not care about anything other than receiving satisfaction from his painting. It is Mr. Vadas who on his own claims to be speaking on Mr. Morrisseau's behalf but is actually speaking for himself and his own economic interests. The fact is that Norval Morrisseau was an established internationally known and respected artist for 30 years before he met Mr. Vadas on the streets of Vancouver. Indeed, Mr. Vadas has publicly admitted that he didn't even knew who Norval was when he met him when they were both homeless.
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Thus, I have statements from independent experts, art dealers, an auctioneer and members of Norval's family to verify the authenticity of the lot in question.
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To conclude, I believe I have established the authenticity of the lot and question and was denied the opportunity to sell this lot due to the actions of Mr. Vadas.
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Note: For the calculation of damages see Exhibit # 9.
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d)
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~ Dated May 8th, 2007
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Defendant's Claim
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SCHEDULE"A"
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1. Except as expressly admitted herein, the Defendant, Gabor Michael Vadas, denies eachand every allegation in the Plaintiff's Claim.
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2. Mr. Vadas is an individual living in Nanaimo, British Columbia, and is a long-time friend of Norval Morrisseau. Mr. Morrisseau is a renowned Canadian artist who paints aboriginal subjects. Mr. Vadas is the attorney for property for Mr. Morrisseau pursuant to a Power of Attorney dated April 24, 1990. Mr. Morrisseau asked Mr. Vadas to be his attorney so Mr. Morrisseau could focus on his painting. Mr. Morrisseau currently suffers from Parkinson's disease and has been confined to a wheelchair since around 2001. Mr.Vadas continues to assist Mr. Morrisseau with his personal care and business affairs.
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3. At all material times, Mr. Vadas was acting as the attorney for Norval Morrisseau pursuant to the above-noted Power of Attorney.
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4. On or about September 12, 2006, Mr. Vadas discovered that Heffel Auction House("Heffel") was offering two paintings for auction which purported to be original works by Mr. Morrisseau.
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5. Mr. Vadas confirmed with Mr. Morrisseau that the impugned paintings were not hisworks and advised Heffel that the paintings were not authentic.
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6. Mr. Vadas states, and the fact is, that the impugned paintings were not painted by Mr. Morrisseau.
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7. Accordingly, Mr. Vadas was justified in advising Heffel that the paintings were not Mr. Morrisseau's works, contrary to the attribution in Heffel's auction materials.
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8. The Plaintiff has not suffered damages, as alleged or at all, and Mr. Vadas puts thePlaintiff to the strict proof of the authenticity of the impugned painting and the Plaintiff's alleged damages.
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9. The Defendant further states that the evidence tendered by the Plaintiff in the Plaintiff's Claim as to the authenticity of the impugned painting is not credible and cannot be relied upon.
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10. Specifically, Mr. Vadas denies veracity of all statements in Christian Morrisseau’s Statutory Declarations and states that, aside from having no professional training or credentials that would allow either of these individuals to provide a reliable opinion on the authenticity of Mr. Morrisseau's art, both Christian and David Morrisseau have been estranged from their father, Noval Morrisseau, for at least five years and their opinions are biased as a result of the breakdown of that relationship, their relationship with the Plaintiff, and their relationship with Joseph McLeod.
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11. Furthermore, Mr. Vadas denies the veracity of all statements in Joseph McLeod's letter and states that his letter should not be relied upon because Mr. McLeod and his gallery, the Maslak McLeod Gallery, have been and continue to be involved in a dispute concerning the authenticity of and control over Mr. Morrisseau's works. Mr. McLeod's letter is biased and self-serving and not admissible as evidence.
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12. If this Honourable Court finds that Mr. Vadas is liable to the Plaintiff, which is not admitted but expressly denied, then the Plaintiff's damages are excessive and remote and not recoverable at law and the Plaintiff has failed to mitigate his damages. Mr. Vadas holds the Plaintiff to the strict proof of his alleged damages.
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13. Based on the foregoing, Mr. Vadas submits that the Plaintiffs Claim should be dismissed with costs.
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e)
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~ Dated June 17th, 2008
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- FRASER MILNER CASGRAIN's letter to Mr. Joseph Otavnik
/Click on image to enlarge/
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> It is strange that Gabor Vadas was not able to request the proof of non-authenticity from Donald Robinson and/or Kinsman Robinson Galleries nor from the artist himself (Norval Morrisseau) for these paintings in a court case 'Otavnik Vs Vadas SC 07-51428-00' which was filed on April 16th, 2007 (more than six months prior Norval Morrisseau's passsing into the spirit world) even when Mr. Otavnik requested, via Gabor Vadas, for Norval Morrisseau to evaluate the paintings in question - requests ignored by Gabor Vadas!? The court case which Gabor Vadas lost and paid $11, 000 for damages to Joseph Otavnik (Ref.: Exhibit No. 15).
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~ These paintings were also purchased at Randy Potter Auctions (former Kahn Auctions) as the majority of the paintings in Exhibit No. 12 & Exhibit No. 13.
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~ Dated June 12th, 2008
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- FRASER MILNER CASGRAIN's cheque payable to Mr. Joseph Otavnik for damages caused by Gabor Vadas's actions /Click on image to enlarge/
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> Click HERE for the signed Minutes of Settlement and Full and Final Release!
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NOTE: It is very strange that 'Item 2' was added by Gabor Vadas' lawyer(s) in the MINUTES OF SETTLEMENT which states the following...
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"All of Otavnik's rights, including any copyright, to and in the said paintings will pass to and are hereby irrevocably granted and assigned to Vadas"
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... especially knowing that Gabor Vadas slandered the paintings in question by calling them 'fakes'!?-
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