Tuesday, February 8, 2011

Kinsman Robinson Galleries threatens SLAPP suit against Ugo Matulić for $ 1 Million (Part I)

-
SLAPP = Strategic litigation against public participation
---
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
>>> As per statement presented in a post by Kinsman Robinson Galleries blog at http://genuinemorrisseau.blogspot.com/ (click HERE) it is stated that allegations presented on the NORVAL MORRISSEAU BLOG referring to Kinsman Robinson Galleries 'are unfair and false, offensive, mean-spirited & were published either with the knowledge that they were false, or with conscious disregard for the truth'. After receiving two 'Notices of Libel' on January 6th, 2011 (click HERE) & January 12th, 2011 (click HERE) from FRASER MILNER CASGRAIN LLP on behalf of Kinsman Robinson Galleries, Donald C. Robinson and Paul C. H. Robinson the following comment was posted by KRG blog editors on January 31st, 2011:
-
Principal Morrisseau dealer said...
-
"KRG, Don Robinson and Paul Robinson are collectively suing Ugo Matulic for $1 Million - damages in the amount of $500,000 for libel as well as punitive, aggravated, special and exemplary damages in the amount of $500,000 (Docket CV-10-417123)."
-
-
NOTE: The above comment was posted on Kinsman Robinson Galleries' blog more than a week ago. As of today (MORE THAN THREE MONTHS OF SUPPOSED DISCOVERY OF THE SUPPOSED LIBEL) I have not been served papers as per supposedly-existent court case - as their action for libel on the internet is barred by statute (see below for additional info).
-
---
ADDITIONAL INFORMATION:
-
"In Bahlieda v. Santa, the Ontario Superior Court of Justice held that an internet website was a "broadcast" within the meaning of the Ontario Libel and Slander Act; 6. This meant that any plaintiff wishing to sue for libel on a website could not proceed unless advance notice of the action had been given to the defendant within six weeks of the discovery of the libel, and an action commenced within three months of that time (click HERE).
-
Alberta has similar notice and limitation periods for libel and slander actions - see Alberta's Libel and Slander Act; 13(1).
-
The Superior Court also held that even where defamatory information appears on a website for an extended period of time, the notice and limitation periods only run once, at the time of the plaintiff's first discovery of the defamatory material."
-
Ref.: Libel and Slander Act (Ontario);
------Libel and Slander Act (Alberta).
-
-
BLOG MASTER'S FINAL STATEMENT:
-
"THE INFORMATION PRESENTED ON THIS PLATFORM IS BASED ON DATA COLLECTED FROM THE PUBLIC DOMAIN AND OTHER VERIFIABLE SOURCES WHICH CAN BE PUT FORTH ACCORDINGLY AS SUBMISSIBLE EVIDENCE IN A CANADIAN COURT OF LAW IF THE NEED SHOULD ARISE."
-
Ugo Matulić a.k.a. Spirit Walker
/spiritwalker2008@gmail.com/
-
 -

-
-
TO BE CONTINUED...
-
>>> Reference posts:
- Law Tips for Bloggers (Part III) /SLAPP Suits/
- Ugo Matulić's response to Kinsman Robinson Galleries, Donald C. Robinson & Paul C. H. Robinson & - Ugo Matulić's response to yet another "Notice of Libel" by Kinsman Robinson Galleries.-
-
~ 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 ). ~
-
Posted by at

12 comments:

Anonymous said...

Amazing follow through Spirit Walker. The information you presented about threatened libel and SLAAP is excellent. The majority who read your blog appreciate the work you have done. The party or parties that have threatened libel against you should remember the racist libel they aired against you. That and the other insulting language directed against you that I read on other blogs would make it easy for you to counter sue the Kinsman Robinson cabal. But I wouldn't bother wasting your time. It will be interesting to read their response to your latest. The numbered hits noted on your specialist blog is impressive.

08 February, 2011 12:30
Anonymous said...

Following the alleged conspiracy of various commercial art galleries and their 'agents' is better than reading any mystery story derived from an author's imagination. It's in the interest of art galleries to gain the monopoly of Morrisseau & other collector's art. This will soon start to rise in price as governments start to devalue (steal)the savings of their hard working citizens. So like good capitalists I can understand the tactics being employed by these art pirates. Depress the market by insinuating that all Morrisseaus, other than those sold through select galleries, are copies, or as they crudely described them'fakes'. I'm sure many blog watchers will be pleased to see that the Norval Morrisseau Heritage Society appointed 'Chief Inspector' Dr McLuhan to head the task force to solve this fake mystery. The only hurdle I envisage is that the galleries and their 'stooges' have too close an alliance with NMHS and the Provincial and National Art Galleries. I hope that Dr Mcluhan will not be swayed by any outside sources when carrying out her vital authentication role.
Marie A.

08 February, 2011 14:27
Anonymous said...

Dear anonymous,

The situation is not to be blamed on capitalist's as you so blantantly blame for the demise of the Norval Morrisseau art market. Try to understand and see beyond the veil that is present here.

Capitalism is about making money and clearly we have the opposite occurring here. Socialistic views have clouded your perception on the economies woes. There are many people today who started off with capitalistic views in life but failed for one reason or another and now wave the red banner of communism(socialism) as the better system to go. In communism there is no real value to anything one posesses for it is all to be equally owned and distributed to the masses. Capitalism works but it has been badgered by socialists who continously throw a wrench into it's gears and then falsely blame our societies woes and evils onto capitalism.

Artists/vendors and collectors are people too. We sometimes have a mixed view about prosperity and what it means.

If it weren't for capitalistic practices, the art of this world would remain at a very poor level indeed...Morrisseau paintings are no exception.

Fear is at the base of all of this mess and conspiracy.

On one side we have two artists Ritchie Sinclair and Mark Anthony Jacobson who have blamed vendors for being greedy and making huge profits off the sale of Norval Morrisseau paintings? But ironically these two characters would like nothing more than to bathe in the huge profits that their own paintings would bring to themselves in the market.

In another camp we have Don Robinson,Bryant Ross and any other vendor who are opposed to anyone selling the 1970's Norval Morrisseau's that showed up in the market for years through auctioneer Randy Potter compete against art works by Norval Morrisseau of much later periods which they are selling in their own private galleries. Clear case of market espionage with these two guys.

....and then there is Gabor Vadas. Well this character just can't get into his mind the true meaning of the word 'SHARING'. Deep down inside he fears something horrible will happen to him if he doesn't recieve the entire rights to the art legacy of Norval Morrisseau and wishes it all for himself rather than dividing it evenly amongst himself and Norval Morrisseau's next of kin? What this fear is all about with Mr. Vadas...God and himself only knows?

In conclusion I would like to say that profits gleaned from honest capitalistic practices are good.For these profits help to increase more life and prosperity for the good of all.

Ask yourself this question. Will the profits not be spent else where and on other things that other businesses and people have to offer? Of course they will.

But when a capitalist and/or communist(socialist) steals their profits and/or takes an unfair advantage through scrupulous activities and actions. This has only one word attached to it and that is...'THEFT'.

SPQR

08 February, 2011 17:05
Spirit Walker said...

>>>
All of the Kinsman Robinson Galleries' provocations from the very beginning of this blog's life towards me and others (which I have documented) were directed towards eliminating all of the voices from the "other side of the Morrisseau Story".

I am a collector and admirer of Norval Morrisseau's art for more than 10 years now. I have started this blog in November of 2007 as a response to the misinformation that has been presented in the media and elsewhere. I intended to create a platform where people could come and speak freely about Norval Morrisseau’s art and anything regarding to the Heritage of the Ojibway people and about art in general - A Mission that is still in motion.

This misinformation is mainly concentrated around paintings of a certain style - particularily those paintings from the 1970's presented on this blog and that have been offered for sale for more than three decades in galleries all across Canada. I could understand that galleries and individuals which are misinforming the public are trying "to harness" the secondary market; but discrediting a large body of work by Norval Morrisseau shows great disrespect to the artist and their actions cannot be tolerated. In my opinion they are harming the Norval Morrisseau art market and consequently his legacy.

Millions of dollars have been invested by collectors in acquiring Norval Morrisseau's art which are now unjustly being questioned for its authenticity. I felt need to be the voice for the "other side of the Morrisseau Story" which sadly differs from the 'opposing side'. I feel I am acting in public interest... constantly supported by large number of collectors deeply concerned about Norval Morrisseau's Art Market situation…

… I am dissapointed that Norval Morrisseau Heritage Society is not honouring their mission statement which states:

"The Norval Morrisseau Heritage Society was established at the request of Norval Morrisseau to research, document and preserve his artistic achievement and protect the integrity of his art. It seeks to achieve this mission by establishing and maintaining a registry of his works, publishing and updating a catalogue raisonne of his artistic output and providing the necessary expertise to authenticate his art."

Why are they silent? Is their silence approval for what has been presented by individuals in question? If they truly care in "protecting the integrity of Norval Morrisseau's art" they would need to speak up. Their silence is hurting the legacy of the man they are supposed to protect and the longer they wait to publish a public statement regarding this matter presented herein, the longer the legacy of Norval Morrisseau will suffer.

Thank you for the attention and for continued support.

Sincerely, Ugo Matulić a.k.a. Spirit Walker

09 February, 2011 00:06
Anonymous said...

The plot thickens! Reading your blog gives people like me an insight into the shady happenings of the art world. My family looks forward to reading your blog and the revelations that must have taken considerable time to uncover. I'm sure that many readers like myself hope you will not tire in your quest for justice and the guilty will be judged accordingly.

09 February, 2011 12:24
Karl said...

people that live in glass houses, should not throw stones! Don

Karl

09 February, 2011 21:13
Anonymous said...

I am not on either side of this debate. However, it seems that two questions keep coming up over and over:

1. Who and where is David Voss? If he appears and shares his story we are half way there.

2. Where are the pictures of these paintings being done by Norval in real life, in books etc.? Get this done and it's game over.

No more he said/she said. If #1 and #2 get done, we put this baby to bed.

09 February, 2011 23:54
Anonymous said...

The unfortunate truth IMO is that Norval Morrisseau and Gabor Vadas were instigators in their own market espionage competition conspiracy. It must have taken Gabor Vadas years to convince Norval Morrisseau to 'diss' his own paintings that he created in the 1970's. Gabor Vadas had convinced Norval Morrisseau some how that he deserved alot more for his paintings now that they had reached very high market prices.

Galleries and auction houses were making a fortune and rightfully so I might add. Gabor Vadas must have felt that he and Norval were getting ripped off at not cashing in on this Norval Morrisseau bonanza?

So it started in the 90's with Gabor Vadas sending out letters to Maslak McLeod Gallery demanding royalties on the sales of Norval Morrisseau paintings. Then years later after failing to do this Gabor Vadas and his 'cash cow Norval Morrisseau' started calling these 70's paintings fakes?
Or was it just Gabor Vadas saying this and Norval Morrisseau signing whatever Gabor Vadas gave him to sign!? It was like a child who becomes infuriated with having his toy taken away from him and he must now go to bed. Gabor Vadas was starting to feel that his 'cash cow Norval Morrisseau' might not pay off with huge divedends like he invisioned when they first met on skid row.

Guys like Ritchie Sinclair and Mark Anthony Jacobson got suckered into this scheme by Gabor Vadas and Norval Morrisseau himself. Today these two individuals cannot stomach the fact that they have been 'had' right under their noses. Everyday they rant and rave about how wrong we are and how right they are.

My advice to these two is that you both should have concentrated on your own artworks. Your reward now is to struggle with your failing art careers and reputations which are a result of your blinding pride. How will the world ever learn to forgive you for what you have done?

SPQR

16 February, 2011 12:51
Anonymous said...

Dear "Spirit Walker", You have taken on a great responsibility to honour Norval Morrisseau, Shaman Artist. For all the work you do to collect the facts and imaes that you do along with your excellent insight and, recently the leal and court squabbles we are reading about, please never cease to believe that this task you have undertaken is a powerful mission and will be heralded in the future (and also in your lifetime). What you have recorded to-date is an enormous accomplishment. Time will have your name and scholars in the future will speak of your vision quest to honour Morrisseau, for it will form the foundation of their work. In the eyes of those of us who return time and again to learn more about this "Picasso of the North" your goals and methodical research are beyond reproach.

17 February, 2011 12:28
Anonymous said...

It is encouraging to know that someone other than myself, feels the necessity to document Norval Morrisseau's legacy and the great work he has done to benefit his fellow human beings.....the pallet of information offered on his blog. If you are reading this, I would like to thank you for caring so deeply about this great artist who had a vision to heal the planet with his art. It is only through research such as you have been doing, that invites us in to share the vision.o be inspired, to open our awareness to our own possibilities. How rich is that?

17 February, 2011 12:33
Anonymous said...

We had an amazing artist in our midst- for a short lifetime. He is gone now and because of him, we are changed, we understand more, we are introspective- we feel we have been blessed, and we have. It is not in keeping with the love generated by Norval"s paintings (and the reason he painted) to threaten and attempt to intimidate those who hold Morrisseau close to their heart. His paintings have meant more, much more, than a dollar sign or any other ill-willed designed intentions."Spirit Walker" you are walking behind Morrisseau making sure that his life and his work is known for the profound impact it has made in the world. You are teaching a course with your blog, on how to honour the most significant painter in Canada's cultural history, and you are doing it with wisdom and a dedication that will have us celebrating for many years to come.

17 February, 2011 12:41
Anonymous said...

Key people in the past such as Randy Potter of Randy Potter Auctions and Joseph McLeod of Maslak McLeod Gallery could have put a stop to all of this when they both had the chance and oppurtunity to do so but decided to ignore what was brewing in the back ground.

This whole mess began on May 18th 2001 with Donald Robinson of Kinsman Robinson Galleries in Toronto Ontario. This gallery owner took it upon himself to seed controversy in the art market with intentions to corner and control the art market associated with Norval Morrisseau.

[reference]: http://norvalmorrisseau.blogspot.com/2010/07/norval-morrisseau-conspiracy-unveiled_5729.html

He along with others thought that they could contain and control the fire which they started and focus the public's attention on a particular period of art that Norval Morrisseau was responsible for painting. Namely the 1970's period. Which ironically has now become the most documented period of art coming from this artist and the safest to buy. As an avid dealer and purchaser of art from Kahns Auctions (Randy Potter Auctions), Mr. Donald Robinson ended up buying 28 paintings from said auction house. He proclaimed them as forgeries after 14 months of ownership and never requested a refund from Mr. Randy Potter who was willing to do so:

[reference]: http://norvalmorrisseau.blogspot.com/2010/07/norval-morrisseau-conspiracy-unveiled_8641.html

Mr. Robinson's failure to contract Randy Potter's supplier ie. Mr.David Voss created the 'greedy panic' exhibited by Mr. Donald Robinson's actions afterwards with the National Post article dated May 18th 2001 attack.

JAM 2011

17 February, 2011 15:58

Post a Comment

Subscribe to: Post Comments (Atom)