Norval Morrisseau Conspiracy Unveiled (Part XXX)

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~ Continued from: Norval Morrisseau Conspiracy Unveiled (Part XXIX) ~-

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Exhibit No. 27
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>>> The following is a court case which was concluded on January 11th, 2011. This lawsuit involves a geniune Norval Morrisseau painting acquired from Randy Potter Estate Auctions by Mr. Joseph Otavnik of Oshawa, Ontario. His painting is an authentic Norval Morrisseau work of art. Mr. Joseph McLeod of Maslak McLeod Gallery - former member of Art Dealers Association of Canada (ADAC); currently a member of The Canadian association of Personal Property Appraisers (CPA) has assessed this painting and with his 40 years of expertise testifies to it's validity as being an authentic work of art by the late Norval Morrisseau.

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* 'Statement of Claim' edited for clarity. Additional information about John Zemanovich a.k.a. Raven Thunderbird has also been added to this article.

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~ Otavnik Vs Sinclair SC 09-00082782-0000

----* Formerly S8871/08 (Otavnik Vs Sinclair and Kinsman Robinson Galleries)

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"Jesuit Priest Bringing Word", © 1974 Norval Morrisseau

/Click on image to Enlarge/-

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- Statement of Claim

Sinclair and Kinsman Robinson

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Mr. Sinclair is the owner/operator of the website www.morrisseau.com in which he has to date (December 22nd, 2008) identified over 1000+ painting(s) of the late artist Norval Morrisseau as "fakes" on his website. He has labeled these paintings as "fakes", "Inferior Counterfeits" and listed a whole series of adjectives to describe these paintings as per Exhibit #1. In this Exhibit Mr. Sinclair clearly defines what he means when he labels a painting as "Counterfeit", "Inferior" and "Authentic". By doing so Mr. Sinclair has made clear defamatory and inflammatory statements on his web site in regards to the above painting titled "Jesuit Priest Bringing Word".

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He has in effect slandered the title on two other paintings which are and were owned by me at one time. The Kinsman Robinson Gallery is also party to these misrepresentations which are false by providing Mr. Sinclair with a platform to which Mr.Sinclair can further disseminate his false statements to Kinsman Robinson's clients and to the public at large. Mr. Sinclair is prominently featured on the Kinsman Robinson web site through Kinsman Robinson's blog called genuinemorrisseau.blogspot.com. On that blog Mr. Sinclair has been videotaped by an employee of Kinsman Robinson-John MacGregor Newman (Associate Director). This video conversation was labeled "Questionable Works" and "Apprenticeship Vs Fraud Revisited" as per Exhibit #2 and Exhibit #3. Moreover, the Kinsman Robinson Gallery provided a direct link from their website to Mr. Sinclair's website www.morrisseau.com where Mr. Sinclair's wild claims of posting over 1,000 authentic paintings done by the artist Norval Morrisseau can be seen. It is done in Exhibit #3 at the end of the article there is a link titled "More". Once the user clicks on the icon, the reader is taken directly to www.morrisseau.com. Furthermore, on Mr. Sinclair's web site www.morrisseau.com as per Exhibit #4 Mr. Sinclair clearly highlights and shows the videos of his conversations that were taken at the Kinsman Robinson Gallery located at 108 Cumberland Street, Toronto, Ontario.

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Mr. Sinclair as per Exhibit #5 and Exhibit #6 has identified these paintings as "fakes"...etc. The one painting # 256 as per Exhibit #5 was in fact in my possession but was donated to the Thunder Bay Art Gallery by my family. You will find a copy of that submission to The Thunder Bay Art Gallery as per Exhibit #7. This painting was vetted by the Thunder Bay Art Gallery, it's staff and then further vetted and approved by the Government of Canada as per the Cultural Property Review Board. Despite this pedigree this painting has been identified and labeled as a 'fake' on Mr. Sinclair's website www.morrisseau.com. This is relevant because the source of that painting is the same as "fake" number # 324 called "Jesuit Priest Bringing Word" as per Exhibit #6 (see image above). Mr. Sinclair calls it a 'fake' without even knowing who owned the painting. I gave the image of this painting to Mr. Ugo Matulic who posted this image on his blog called norvalmorrisseau.blogspot.com. As per Exhibit #8. Mr. Sinclair copied that image from that web site and put it on his website www.morrisseau.com and called it a "fake" afterwards. Mr. Sinclair even calls it a 'fake' from Ugo Matulic on his (Mr. Sinclair's website) and even refers to Mr. Matulic's blog and refers to the paintings as a 'fake' not knowing that I own it. As per Exhibit #9 enclosed is a copy of the sales receipt and a picture of the painting (both front and back) at my residence.
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This painting was purchased at Randy Potter Auctions which is the same source that Don Robinson of Kinsman Robinson Gallery purchased from as per Exhibit #10 which includes a statement from the auction house owner Mr. Randy Potter.

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I personally met with Mr. Sinclair on February 12th, 2004 as per Exhibit #11. As it turns out Mr. Sinclair didn't pay his storage fees and it's contents were impounded by Centron Self Storage who just happened to consign it to Randy Potter Auctions afterwards. I was sitting close to Mr. Sinclair as I was bidding on several Norval Morrisseau paintings at the time. Mr. Sinclair commented to me on the quality of the Norval Morrisseau paintings' at Potter Auctions and even mentioned to me that he hoped one day he could own one. That night I personally bought (3) three paintings by Norval Morrisseau as per Exhibit #12 included are true copies of the sales receipts from Potter Auctions from that night. Moreover, included please find a copy of the receipts which Mr. Sinclair's companion Mr. Holder Lynn purchased the same night also as per Exhibit #13. Nobody wanted to purchase Mr. Sinclair's paintings which were impounded by Centron and Mr. Sinclair's friend bought back Mr. Sinclair's own art on the same night of Feb 12th, 2004.

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Kinsman Robinson is fully aware that the paintings on www.morrisseau.com were either purchased from Potter Auctions or from the web sites of the galleries on their competitors which are named by Mr. Sinclair on his web site. Please refer now to Exhibit #14 which is from a now defunct blog named honouringnorvalmorrisseau.blogspot.com. Where the same interview from Mr. Sinclair was highlighted on that blog. The owner of that blog which I will not name agreed to voluntarily shut down that blog in mid October 2008 (blog by John Zemanovich a.k.a. Raven Thunderbird). The writer who went by the handle 'Raven' posted the following at Kinsman Robinson Galleries' blog - genuinemorrisseau.blogspot.com (see Exhibit #15):

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"Faced with a potential lawsuit, I had a choice to make about continuing the blog. As I have no financial interest in the authentication issue either way, it is wise for me to exit given the new levels of nastiness this matter has reached. It appears that public statements made by Ritchie Sinclair at morrisseau.com and on the KRG blog have caused this matter to boil over. I wish you all well and thank you for your complementary emails. Hopefully this matter will be resolved soon because it is killing the native art movement."

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Kinsman Robinson Galleries even enters the comments from Mr. Sinclair on their blog as per Exhibit #16. It is posted by 'stardreamer' who is Mr. Sinclair. Mr. Sinclair starts off by thanking Kinsman Robinson Galleries for posting his interview and states:

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" My eyes are now wide open and I see an over whelming ever-growing body of evidence that tells me that I absolutely must do what I can to stop this. What I see dangerous, dark pieces of art, that I for one would not hang above my bed and expect a good nights sleep."

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What Mr. Sinclair is doing is posting images of Norval Morrisseau's paintings which he admits he gathered (see below) from the Internet and is now calling them "fakes".
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Thus, Kinsman Robinson knew of the problems in the marketplace created by Mr. Sinclair and still encouraged and facilitated Mr. Sinclair's wild claims of "fake" Norval Morrisseau's in the marketplace. Moreover, Kinsman Robinson proactively redirected people to Mr. Sinclair's web site. The link is from the Kinsman Robinson Galleries' blog to Mr. Sinclair's website. This was and is an action which could only have been initiated and implemented by Kinsman Robinson Galleries in their website. Moreover, the link has to be established on Kinsman Robinson Galleries' network and through the various software programs and on their computer systems. Moreover, the title, labeling, content and innuendo contained in these articles invite the reader to migrate to Mr. Sinclair's website. What else could reasonably be expected when a reader reads the banners "Questionable Works" and "Fraud Vs Apprenticeship" . It is clear that they are designed and intended to redirect the reader to Mr. Sinclair's website and its obvious misrepresentations. Mr. Sinclair claims over 1,000 paintings as 'fakes' and what does he offer as evidence? Nothing! Kinsman Robinson Galleries is aware of the obvious market implications of Mr. Sinclair's misrepresentations and have given him a platform to spread these falsehoods.

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Mr. Sinclair is also the owner/operator of another website called www.stardreamers.com where he has over the years posted paintings from Norval Morrisseau on this site. At that point in time he was merely posting images with the following disclaimer as per Exhibit #17.

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" The images posted in this archive are not for sale. They are simply pictures that I collected from various internet art sources years ago and posted here for inspiration and enjoyment. With the exception of paintings that I witnessed painted or Exhibited by Morrisseau I have no way of discerning whether the images shown here are all authentic Morrisseau originals. Nevertheless, Enjoy!"

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At the time of this filing the website www.stardreamers.com is no longer in operation. Since Mr. Sinclair admits that he has no way of discerning what is and what is not an original work by Norval Morrisseau. How can he claim that the painting which is the subject of this lawsuit is a 'fake'? Moreover, Kinsman Robinson Galleries would have been aware of this and yet still redirected their clients and the public to Mr. Sinclair's website!

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Mr. Sinclair and Kinsman Robinson Galleries are also the only two (2) parties who to this day suggest that Norval Morrisseau rarely if at all titled his paintings and if he ever signed the back of his paintings and that it was never in black acrylic paint as per Exhibits #18, #19 and #20. They have done this to try and reinforce this false perception. Please refer to Exhibit #18 from the Kinsman Robinson Galleries' blog of August 28th, 2008 called "Fighting Smears: Auction canvases."

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"After investigation, we found out that none of these paintings had heavy black, faded writing on the back. In twenty-years of dealing in Morrisseau's art, I observed that Norval had rarely written anything on the back of any canvas, but when he did, it was always in pencil or ballpoint pen-never in black paint."
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And from the Kinsman Robinson Galleries' blog as per Exhibit #19 called "Authenticity Guaranteed":

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"And generally speaking, he didn't title his paintings on the front-Rarely on the back side either"

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As per Exhibit #20 which is per Mr. Sinclair's blog where he makes the same claim, where he claims that

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"I never once him sign the back of canvasses in black paint".

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Mr. Sinclair further states in his blog:

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"Further more, I find it absurd that Norval would paint on the back of these paintings."

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As per Exhibit #21 enclose a statement from a gallery owner who has pictures of Mr. Morrisseau with Mr. Gabe Vadas along with pictures of paintings which are dated. Some are titled and all are signed on the back in acrylic! I have even included a local newspaper clipping which confirms the above and shows Mr. Debassiage, Mr. Morrissesau and Mr. Vadas who claimed to be Norval Morrisseau's adopted son called Weekan all in the same picture.

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In conclusion, I seek damages of $10,000 which is the approx. fair market value of the painting as determined in part per Exhibit #7. The (FMV) of four similar Morrisseau's from the same source, time period and style, format, content...etc were appraised at approx. $33,500/4 or $8,375 in 2004. Given that this valuation was done before the artist's death a current valuation of $10,000 per price today is not unreasonable. Moreover, given the condition and the subject matter (i.e. religious motif) a valuation of $10,000 is quite fare. By slandering the title of the painting by publicly calling it a 'fake' has rendered it's market value to nil. Mr. Sinclair and the Kinsman Robinson Galleries have slandered it's title and must either prove it a 'fake' or admit it's an 'authentic' work of art by the late Norval Morrisseau.

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BLOG MASTER'S COMMENTS: On January 8th, 2009 Joseph Otavnik served Ritchie 'Stardreamer' Sinclair with this $10,000 "slander of title" lawsuit, naming the Kinsman Robinson Galleries and him as co-defendants. By April 2009 the Kinsman Robinson Galleries acceded to Joseph Otavnik's demands, quietly settling with him by eliminating any information about Ritchie 'Stardreamer' Sinclair on their blog (click HERE) only to provide full support to Ritchie 'Stardreamer' Sinclair with a questionable 'Expert Report' by Donald C. Robinson who discredited this painting acquired by Mr. Joseph Otavnik from Randy Potter Estate Auctions (see Exhibits No. 5, No. 6, No. 8, No. 14, No. 15, No. 16, No. 18 & No. 20).

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Also, see Exhibit No. 4 for the receipts for 28 paintings by Norval Morrisseau sold to Donald C. Robinson who had naver asked for a refund* (53,238.73 including GST) for the art acquired at Kahn Auctions during the timeframe between late 1999 and early 2000.

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* Hundreds of these paintings were sold at Randy Potter Estate Auctions (formerly Kahn Auctions) over many years without ever any refunds or returns and/or questions regarding their authenticities to hundreds of satisfied lucky customers to this day.

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NOTES: Mr. Joseph McLeod of Maslak McLeod Gallery, who believes this painting to be 'an authentic', was served with letters from Norval Morrisseau's lawyers (see Exhibits No. 2, No. 7, No. 12, No. 13, No. 16 & No. 17) and he continued to sell Norval Morrisseau's artwork and NONE of Norval Morrisseau's legal representatives has ever sued him (Certified Court Transcript; Page 66). Donald C. Robinson of Kinsman Robinson Galleries, who considers this painting to be 'a fake' (Certified Court Transcript; Page 122). Also, Donald C. Robinson stated that "he observed Joe McLeod purchasing paintings from Kahn Auctions and he trusted Mr. McLeod's long-standing experience with Norval Morrisseau's works" which gave him confidence in purchasing Norval Morrisseau's art from Kahn Auctions (Certified Court Transcript; Page 145).

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* DETAILED ANALYSIS OF THIS TRIAL BEFORE THE HONOURABLE JUSTICE D. GODFREY ACQUIRED VIA CERTIFIED COURT TRANSCRIPTS (FROM THE MARCH 18th, 2010 RECORDINGS No. 125/60 - 127/60) WILL BE PRESENTED ON THESE PAGES SOON.

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~ Continued on: Norval Morrisseau Conspiracy Unveiled (Part XXXI) ~

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