Friday, November 17, 2017

> Genuine Khan Auctions' Norval Morrisseau painting sold by Kinsman Robinson Galleries authenticated by Forensic Science (Part I)

-



-
--















"Warriors in Circle of Life," acrylic on canvas, 34" x 32",
© 1974 Norval Morrisseau /Click on image to Enlarge/ 

PROVENANCE: Acquired by Mr. David Voss of Thunder Bay, Ontario who supplied it to Mr. Randy Potter of Kahn Auctions, Pickering, Ontario. It was purchased on September 29th, 1999 by
Mr. Donald Robinson of Kinsman Robinson Galleries (KRG).
/Click on image to Enlarge/


~ This painting, was sold to Ms. Jane Brown (Battye) on March 11, 2000 by Mr. Paul Robinson of Kinsman Robinson Galleries, Toronto Ontario.


-----------------------------------------------------------------

I have received the following e-mail with Mr. Robert Battye of Oakville, Ontario on April 27th, 2015:


"Hello Ugo

Thank you for writing your blog. 

I've spent the last few nights intensely reading your and the hoax blog, trying to make sense of this entire Morrisseau fake scene. 

Something of interest to you, or maybe not. 

My wife bought  a acrylic on canvas from KRG in spring 2000.  The title is Warrior and the Wheel of life.  It has Norval's signature on the back,with the title.  Looks similar to the one in the Art World of Sherwaycase.   

I think it's  part of the paintings bought from Randy Potter, that the hoaxs refers to as the Wanker 31 and she still has the invoice from KRG, signed.  

I'm not sure how accurate everything is online, but it's upsetting to my wife that she bought a painting from KRG, and now it seems as if they are calling it (along with all paintings signed on the back) a fake.  

I'm not interested in causing a big stink publicly about this, but I'm curious to know your opinion.  


Thanks for your time, 

Rob"


-----------------------------------------------------------------
/An e-mail communication shown herein is presented in the public's interest/


NOTE: Subsequent e-mail dated April 28th, 2015 by Mr. Robert Battye included images of the front and back side of the painting titled "Warriors in Circle of Life;" mistakenly titled "Warrior and the Wheel of life" in his previous e-mail, shown above.


ADDITIONAL INFORMATION:
/Preceded KRG's $1,000,000 SLAPP suit against Ugo Matulic /
   CASE WON BY THE DEFENDANT



Donald Robinson
Over the period between late 1999 and early 2000 Mr. Donald Robinson successfully purchased 28 lots of paintings in the amount of $53,238.73 including GST from the Kahn Auctions, Pickering, Ontario.

The below presented receipt was the first one in series. He openly encouraged other people to buy them and unsuccessfully bid on another 40 to 60 more paintings from the same auction house.

































~ Dated September 29th, 1999
-
- Receipt made out to Mr. Donald Robinson of Kinsman Robinson Galleries at Kahn Auctions showing "Warriors in Circle of Life" listed (Lot #98) /Click on image to enlarge/

-

> Mr. Donald Robinson of Kinsman Robinson Galleries in his blog's post of August 28th, 2008 'Fighting smears: Auction canvases' (click HERE to view its screen capture before it was deleted by KRG Blog Master) extended his knowledge of Norval Morrisseau's art to that "of an expert" claiming "After investigation, we found that none of these paintings had heavy black, faded writing on the back. Even today. I have never seen a Morrisseau painting, with a provenance traceable back to the artist, with this kind of writing on the back".

-------------------------------------------------------------

"Integrity is not a 90 percent thing, not a 95 percent thing; either you have it or you don't."
~ Peter Scotese


-------------------------------------------------------------

More information to follow...

-



~ 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 ). ~ -
-

Wednesday, November 15, 2017

>>> Norval Morrisseau Declarations Are A Hoax /Michele and Gabor Vadas Exposed/ (Part III)

-
 "Genuine Norval Morrisseau Collage" by Spirit Walker
~ All paintings © by Norval Morrisseau
/For detailed examination click on image to Enlarge/

The above presented genuine Norval Morrisseau artworks were examined and certified by the following Forensic Document Examiners and Handwriting Experts: Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' (Ottawa, Ontario), Dr. Atul K. Singla of Worldwide Forensic Services Inc. (Toronto, Ontario) &  Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta). 

* THESE GENUINE NORVAL MORRISSEAU PAINTINGS, CERTIFIED BY FORENSIC SCIENCE, CONTINUE TO BE LABELED FORGERIES BY MR. RICHIE SINCLAIR ON HIS MALICIOUS WEBSITE.

/All of these paintings were part of six court cases which over the period of ten years have never been able to successfully point out one case where it was proven that someone made, sold, distributed or even marketed one "fake" Norval Morrisseau painting - FOR MORE INFO SEE BELOW/

--------------------------------------------------------------------------

"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." (Court judgement "Hatfield vs. Artworld of Sherway" by Judge Paul J Martial: March 25th, 2013 - Page 16)

~ Additionally, in the appeal for this court case Madame Justice Mary Anne Sanderson ruled the following:


"Similarly, the trial Judge was entitled to reject the evidence of Sinclair and to conclude it was unsupported and unreliable. Sinclair could produce no documentary evidence to support his assertions that a well organized forgery ring painted the works auctioned by Kahn Auctions."
(Ruling by Madame Justice Mary Anne Sanderson: December 17th, 2013 - [18] Page 3)



--------------------------------------------------------------------------

INTRODUCTION:

Critical scientific professional analysis has hit pay dirt once again! But leaves an agonizing conclusion that Norval Morrisseau, his manager Mr. Gabor Vadas and his wife Michele, were all in on a 'market conspiracy' to dismiss earlier works of art by the artist himself and to knock out the competition. Was Norval Morrisseau able to make any judgement for himself and that Mr. Vadas and his wife Michele acted on their own to take advantage of a frail man for their own personal gain? The affidavits were signed by Norval Morrisseau who was not of a sound mind and who supposedly made claim that artworks listed were not painted by him?!

Ten of the paintings shown in the above "Genuine Norval Morrisseau Collage" are part of allegedly signed Norval Morrisseau's sworn affidavits which were sent to Artworld of Sherway, Gallery Sunami, Randy Potter Auctions and Mr. Gary Lamont

Other paintings also certified by forensic science are number of paintings listed in allegedly signed Norval Morrisseau's sworn affidavit sent to Maslak McLeod Gallery from Toronto Ontario (click HERE).

~ It is important to note that these allegedly signed Norval Morrisseau's sworn affidavits were addressed to the main competitors of the principal Morrisseau dealers which were closely associated with Mr. Gabor Vadas and, for the last decade of his life, incapacitated Norval Morrisseau: Kinsman Robinson Galleries from Toronto, Ontario and Coghlan Art Studio & Gallery in Aldergrove BC.


One of these sworn affidavits, sent to Mr. Gary Lamont, allegedly signed in the presence of a Notary Public would conveniently and mysteriously show up on the internet shortly after the death of Norval Morrisseau who passed away on December 4th 2007 (click HERE & HERE).

In this affidavit (click HERE) there was also presented a set of seven with fourteen signatures written by pencil on front and painted with a dry brush (DB) technique on the verso of each of the acrylic paintings on paper (SEE SEVEN IMAGES OF GENUINE NORVAL MORRISSEAU ARTWORKS ABOVE, BOTTOM ROW). These fourteen signatures have been positively identified to have been authored by Norval Morrisseau. These discoveries were conducted and documented by Full Time Forensic Document Examiner Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta). This report is dated July 29th, 2011.

NOTE: This report has been generated for Ugo Matulić of Calgary, Alberta and is the first in a series of Forensic Reports done by Mr. Davies analyzing the Signatures on artworks done by Norval Morrisseau. 

* These documents are from a series of allegedly signed Norval Morrisseau's sworn affidavits which involve the following galleries and/or individuals:

1. Maslak McLeod Gallery, Toronto, Ontario (click HERE and HERE);
   /Signed by Norval Morrisseau on March 14th and April 24th, 2003/ 

2. Artworld of Sherway, Toronto, Ontario (click HERE);
   /Signed by Norval Morrisseau on September 22nd, 2004/ 

3. Gallery Sunami, North York, Ontario (click HERE); 
    /Signed by Norval Morrisseau on November 30th, 2004/ 

4. Bearclaw, Gallery, Edmonton, Alberta (click HERE); 
   /Signed by Norval Morrisseau on April 8th, 2005/ 

5. Randy Potter Auctions, Port Hope, Ontario (click HERE) &
    /Signed by Norval Morrisseau on November 30th, 2004/

6. Mr. Gary Lamont, Thunder Bay, Ontario (click HERE).
  /Signed by Norval Morrisseau on November 30th, 2004/


--------------------------------------------------------------------------

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

"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.


(Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

--------------------------------------------------------------------------

ADDITIONAL INFORMATION:

... This is a story about an individual whose alleged "efforts to identify Norval’s true artistic legacy" are recognized by Donald C. Robinson of Kinsman Robinson Galleries ["AN EXAMINATION INTO THE AUTHENTICITY OF AN ALLEGED 1970'S NORVAL MORRISSEAU PAINTING" - EXPERT REPORT; September 10th, 2009; Page 74].

*
Both, Donald Robinson and Ritchie Sinclair were discredited in this pivotal court case relevant to authenticity of Norval Morrisseau artworks (click HERE).

More information to follow...




"NONE OF ALLEGATIONS FROM THE STATEMENTS OF CLAIM BY MR. KEVIN HEARN HAVE BEEN PROVEN IN COURT"

~ TO LEARN MORE ABOUT MR. SINCLAIR CLICK HERE.


>>> REFERENCE POSTS:
- Norval Morrisseau Declarations Are A Hoax /Michele and Gabor Vadas Exposed/ (Part I) & Norval Morrisseau Declarations Are A Hoax /Michele and Gabor Vadas Exposed/ (Part II). 

~ 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, November 14, 2017

> Genuine Norval Morrisseau painting defaced by Mr. Bryant Ross authenticated by Forensic Science (Part I)

-




-
--
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-

--
-
-









"Water Spirits," 54" x 46", © 1979 Norval Morrisseau

PROVENANCE: Mr. Bryant Ross acquired this acrylic painting on canvas from an art dealer Mr. Anthony Martinenko of Winnipeg, Manitoba who acquired it from personal collection of Mr. Rolf Schnieders (1928-2015) of Thunder Bay, Ontario.
/Click on image to Enlarge/

~ This painting, authenticated by Norval Morrisseau(*), was defaced on January 27, 2010 by Mr. Bryant Ross who is director of Coghlan Art Studio & Gallery in Aldergrove, BC.


(*) Bryant Ross stated at his 'Norval Morrisseau Online Gallery' that "These paintings were guaranteed to be original and authentic and were obtained from the artist or authenticated by him." (click HERE for screen capture of the original web page as it appeared in May 2005).

-----------------------------------------------------------------

Dr. Carmen Robertson* noted that Mr. Schnieders was "well-known conduit for Morrisseau's paintings in the Thunder Bay region" and was "actively handling works by the artist since 1960s. He operated small store on May St., in Thunder Bay ON called 'Yesterday's Treasures' for a number of years and this was one way he sold works by Morrisseau." 

* - An associate professor of contemporary Aboriginal art history in the Department of Visual Arts, University of Regina, Regina, Saskatchewan & Member of the defunct Norval Morrisseau Heritage Society (NMHS)

-----------------------------------------------------------------

* click HERE (1) & HERE (2) for "You Tube" videos of the most disturbing moments I have ever experienced as a Norval Morrisseau collector and admirer of his art.

-



>>> REFERENCE POSTS:
- Open Letter to the Norval Morrisseau Heritage Society, - The story which preceded the 'Open Letter to the Norval Morrisseau Heritage Society'..., - The truth behind 'Open Letter to the Norval Morrisseau Heritage Society', & - Blasphemy (Part II).
-

>>> Honouring of Norval Morrisseau by the Government of Canada!?

--

-



















Norval Morrisseau in front of "ANDROGYNY" (12'x20', 1983) at the National Gallery of Canada /© 2006 Bruno Schlumberger, CanWest News Service/
~ This painting had been donated by Norval Morrisseau to the Canadian people on April 15, 1983.


Created by world-renowned Canadian Aboriginal painter Norval Morrisseau, the Androgyny was installed in the Office of the Secretary to the Governor General (OSGG) in the Rideau Hall (Ottawa) that replaced Charlottetown Revisited, a work created by the Jean Paul Lemieux.

The loan of Androgyny to Rideau Hall was made possible thanks to a partnership with the Department of Indian and Northern Affairs Canada, and the Indian and Inuit Art Centre. The piece had been on display from September 18th, 2008 until June 20th, 2012 and was seen by hundreds of thousand of the Rideau Hall's guests and visitors...

... In my opinion the Government of Canada could have honoured Norval Morrisseau in a much better way if they had investigated themselves through legal authorities at their disposal these controversial and other issues that are damaging Norval Morrisseau's art market and consequently his legacy. The legacy and great body of artwork by the late Norval Morrisseau is a 'National Treasure' that will honour the commitment made by the Canadian Government in regards to our unique and diverse cultural heritage to be enjoyed by future generations of Canadians.

Ugo Matulić a.k.a. Spirit Walker
ugo.matulic@norvalmorrisseau.com
  




* The photograph in this post was taken in Ottawa in February, 2006 at the opening of the "Norval Morrisseau - Shaman Artist". The first solo exhibition featuring a First Nations artist in 126-year history of the National Gallery of Canada.

Monday, November 13, 2017

Ten Years of Research on the Great Canadian Aboriginal Painter Norval Morrisseau (2007-2017)


~ Blog Master's Public Address

Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/



Ugo Matulic in front of Kinsman Robinson Galleries, February 2013































> On December 23rd, 2010 Kinsman Robinson Galleries launched $1,000,000 SLAPP suit against me intended to interfere with my right to freedom of expression (see BELOW for my Statement of Defence).

Plaintiffs signed the Full and Final Release on May 16th, 2013 dropping all charges against me as soon as the judgement by Judge Paul J. Martial in Hatfield vs. Artworld of Sherway was announced... contrary to what was stated for a reason on Kinsman Robinson Galleries' blog: "Our decision to agree to this settlement was made in order to end the ongoing distraction and cost of a complex litigation process." (click HERE or HERE). 

This means that I would be totally free to write as before, about Donald Robinson, Paul Robinson, John MacGregor Newman, and Kinsman Robinson Galleries, as their activities relate to the Hoax of the so-called “fakes” they allege.

"I was in the process of submitting a long list of documents they would be required to produce that they have hidden from public scrutiny for the past 13 years. And they knew that is what they would have to reveal. Also financial documents, which actually show their profits went up from the Hoax, and not down from my revelations."

For background information on this SLAPP suit by Kinsman Robinson Galleries and reasons behind it click HERE.


Anti-SLAPP law passed – Protection of Public Participation Act, 2015

--------------------------------------------------------------

"On the other hand, there are those dealers - including Joseph McLeod and collectors like Ugo Matulic and Joseph Otavnik - who believe that the issue of fakes is really a non-issue, a trumped-up conspiracy by Kinsman Robinson and Gabe Vadas to corner the market."

Armand Garnet Ruffo (NORVAL MORRISSEAU 'Man Changing into Thunderbird, 2014; Page 290)

--------------------------------------------------------------

The Norval Morrisseau Heritage Society

"In 2005, two years before he died of Parkinson-related disease, the artist launched the Norval Morrisseau Heritage Society (NMHS) to compile a catalogue raisonné of his oeuvre. The Art Dealers Association of Canada backed the organization, acknowledging it as “the sole authority for the authentication of works by Norval Morrisseau” in 2007. But NMHS has been bitterly contested by others, including Morrisseau collector Ugo Matulić (a.k.a. Spirit Walker). He says the artist was far too affected by dementia at the time to be able to set up such a body."

Coline Milliard,

--------------------------------------------------------------


>>> The Norval Morrisseau Blog is an educational initiative dedicated to the promotion of one of Canada’s most renowned Aboriginal artists and creation of a digital archive to honour the legacy of his life’s work.

We have published 2,256 posts, thousands of pictures, hundreds of documents (e.g. accredited professional Forensic Document Examiner's reports), related to the art of Norval Morrisseau, so that people around the world who regularly view our blog - museum curators, archivists, fine art collectors, academics, educators, and admirers of fine art - can have a better understanding and appreciation of the long career and singular achievements of this landmark Canadian artist, who was hailed as a “genius” at the very first exhibition he ever held at The Pollock Gallery in September 1962.

Norval was also the most prolific artist in world history, having produced well over 23,000 original artworks. We dedicate this blog to the loyal Norval Morrisseau collectors around the world who represent a legion of collectors outnumbering more than any other leading artist. We are thankful for the tremendous support our educational blog has garnered from countless Morrisseau fans around the world.

We will not be deterred from our single-minded effort to continue to publish the information of the artistic record of this great painter, and we will continue pursuing our mission of seeking justice for Norval Morrisseau and his art, which is a vital aspect of Canada’s heritage.

Thank you/Hvala/Miigwetch,

Ugo Matulić
ugo.matulic@norvalmorrisseau.com

-

-

-----------------------------------------------------------
Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
SLAPP SUIT WON BY THE DEFENDANT !
>>> To learn more about this lawsuit and reasons behind it, I strongly recommend reading this STATEMENT OF DEFENCE And click HERE for the Blog Master's Public Address... 


Court File No. CV-10-417123

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

TELE-CONNECT PUBLICATIONS LTD. C.O.B KINSMAN ROBINSON GALLERIES, DONALD ROBINSON AND PAUL ROBINSON

Plaintiff

and

UGO MATULIC

Defendant


STATEMENT OF DEFENCE

1.   Except as hereinafter specifically admitted, the Defendant, Ugo Matulic ("Matulic"), deny the allegations contained in paragraphs 5 to 16 of the Amended Statement of Claim ("ASOC") and denies that the Plaintiff is entitled to any of the relief claimed in paragraph 1 therein.

BACKGROUND

2.   Ugo Matulic ("Matulic") is the owner and author the Norval Morrisseau Blog located at http://norvalmorrisseau.blogspot.com/. He is also the owner of many pieces of original Norval Morrisseau artwork, acquired from reliable sources and sources with direct connections to the artist, that Matulic has collected over a decade. As stated in the banner on the Norval Morrisseau Blog:

"This Blog is posted in honour of the Spirit of Norval Morrisseau a.k.a. Copper Thunderbird - Grand Shaman of the Ojibway. Also, this is the first and the only Blog incepted during Norval Morrisseau's lifetime. It is dedicated entirely to the preservation of his artistic legacy along with the living presence of the Ojibway peoples on the North American continent."

3.   Since Matulic created his blog, the plaintiffs have been provoking and disparaging a very large number of pieces of Norval Morrisseau artwork not sold through or by the Kinsman Robinson Gallery, in a concerted effort to corner the public market in Norval Morrisseau's artwork owned by Matulic and others. The plaintiffs' smear campaign is directed in devaluing and stigmatizing the authentic artwork of the late Norval Morrisseau who passed away in 2007.

4.   The Plaintiffs have actively and deliberately taken action to corner the market in paintings by Norval Morrisseau. They are using their own position, as a former Morrisseau dealer, to inflate the value of their own holdings of Norval Morrisseau's paintings, and deflate the value of paintings held by Matulic, other Morrisseau collectors and art galleries all across Canada, by falsely claiming that many genuine Morrisseaus are forgeries, especially those signed on the back by the artist in black paint using drybrush (DB) technique. However several of these paintings have been positively confirmed for the signature authenticity by three independent forensic document examiners from Ottawa, Toronto and Calgary.

5.   The Plaintiffs along with other individuals have attacked Matulic's personal and professional reputation in an attempt to devalue paintings from Matulic's personal collection calling them forgeries and abominations.

6.   The Plaintiff, Kinsman Robinson Galleries, previously owned and used the domain name www.norvalmorrisseau.com. However, they did not pay the necessary domain name registration renewal fees and it was placed on the open market and Matulic purchased the domain name. Since then, Matulic has used the domain name and blog to honour the late great Canadian painter Norval Morrisseau. The plaintiffs have on several occasions tried to intimidate him and to portray him in negative light, thereby allowing other individuals to launch a number of character defamation attacks on him on the internet and other forms of media.

7.   All of the blog postings written by Matulic contain statements that are factually accurate or contain statements of opinion based upon accurate facts.

THE ACTION IS STATUTE BARRED

8.   The Plaintiffs failed to give written notice to Matulic of the alleged defamation within six weeks of the Postings coming to the Plaintiffs attention contrary to the requirements of s. 5 (1) of the Libel and Slander Act (the "Act") R.S.O. 1990, c. L.12. Furthermore, the Plaintiffs failed to commence this action within three months of the postings coming to their attention contrary to the requirements of s. 6 of the Act. This action is therefore statute-barred.

9.   In the alternative, Matulic pleads that the alleged defamatory statements, which are not admitted to be defamatory, but specifically are denied as such, were published on dates ranging from 2008 through to the present. However, the plaintiffs only commenced this action 3 years following the initial defamatory post as alleged in paragraph 5 of the ASOC. By a Response to a Demand for Particulars dated August 31, 2011, the Plaintiffs admitted that they each became aware of Matulic's blog posts within a month of the publication on the internet. Accordingly, Matulic pleads that the plaintiffs' action is time-barred and pleads and relies upon section 4 of the Limitations Act, 2002, S.O. 2002, c. 24, Schedule B.

10.   Matulic commenced his Blog almost four years ago following false statements made publicly by the Plaintiffs and other individuals who were closely associated with the Plaintiffs regarding the authenticity of many Norval Morrisseau's paintings which these individuals called 'questionable', 'fakes', 'forgeries', 'abominations' and other defamatory attributes. Matulic felt the need to create a platform that would speak for Norval Morrisseau when this privilege to speak for himself was put in the hands of others who were only interested in their personal financial gain all the while putting the Legacy of Norval Morrisseau aside.

11.   With respect to paragraph 9 of the ASOC, Matulic denies the allegations therein and put the Plaintiffs to the strict proof thereof. Matulic was only served with two Notices of Libel: the first being the Notice of Libel dated December 23, 2010 and the second being the Notice of Libel dated January 6, 2011. The Notice of Libel dated November 19, 2010 was received via e-mail by Plaintiffs' Lawyer on March 11, 2011 (the first time Matulic had received or seen the November 19, 2010 Notice Of Libel. The March 11,2011 letter from counsel for KRG stated the following:

"We have attempted, unsuccessfully, to serve you personally with our client's Statement of Claim which was recently issued in the Ontario Superior Court of Justice. We have also sent you, over the past few months, various Notices of Libel, some of which have been returned to us. It appears as though you have received some, but not all, of our correspondence despite each of these documents being sent to the same address."

QUALIFIED PRIVILEGE

12.   Further, and in the alternative, the postings by Matulic were published in good faith and without malice on an occasion of qualified privilege, particulars of which occasion are as follows:

       (a) Matulic's Blog constituted a forum for fellow art enthusiasts, Norval Morrisseau supporters and others interested in his artwork to communicate with one another on those subjects.

       (b) Matulic had an interest or duty- legal, social or moral - to communicate the postings complained of in the ASOC to other persons accessing Matulic's Blog.

       (c) Other persons accessing Matulic's Blog had a corresponding duty or interest to receive the communications in the postings.

       (d) Matulic's Blog expressly invited comments from the Plaintiffs and other persons accessing his Blog.

FAIR COMMENT

13.   Further and in the alternative, the words complained of in the postings constitute fair comment by Matulic, on matters of public interest, based on the substantially true facts as set out this Statement of Defence ("SOD"). Matulic expressed those opinions in good faith and without malice.

PUBLIC INTEREST RESPONSIBLE COMMUNICATION

14.   Further and in the alternative, the postings constituted communications on matters of public interest and Matulic was diligent in trying to verify the statements made in the postings have regard to all relevant circumstances.

CHARTER IMMUNITY

15.   Freedom of expression is guaranteed by s. 2 (b) of the Canadian Charter of Rights and Freedoms (the "Charter"). It is essential to the proper functioning of the institutions of a democratic form of governance, including the institutions of the courts, the judiciary and an independent professional bar. The law should encourage and permit freewheeling debate in good faith on matters of public interest. The law should not be used to thwart such freewheeling debate by an overtly solicitous attempt to protect a private corporation such as one owned by the plaintiffs. The Matulic postings at issue in this action, demonstrate the vital importance of such a free-wheeling debate. In the particular circumstances of this case, the postings should benefit from constitutional immunity.

16.   The Plaintiffs have been associated with individuals who have been devaluating paintings from Matulic's personal collection calling them forgeries and abominations.

17.   The Plaintiffs were also involved in selling assisted artwork(s) without disclosing full history of the authorship of the said artwork(s) as to be fully painted by the artist.

18.   There are more than 40 galleries and various auction houses and museums across North America which have exhibited authentic Norval Morrisseau's artwork which the Plaintiffs consider fakes and they are in support of individuals who collectively deflated the value of paintings held by Matulic and other Norval Morrisseau collectors all across Canada, by falsely claiming that many genuine Norval Morrisseau's are fakes. [1]

[1] See http://norvalmorrisseau.blogspot.com/2011/07/morrisseaus-artwork-in-auction-houses.html

19.   The Plaintiffs' concerted campaign of online terror in the form of libel chill is a transparent attempt to monopolize the privileged sale of the Norval Morrisseau's artwork and to silence any of their critics.

20.   It is not Matulic's fault that his opinion of the Plaintiffs' actions has brought unwanted publicity, public hatred, ridicule and contempt by supporters of Norval Morrisseau. The Plaintiffs' actions have significantly devalued the art of great artist Norval Morrisseau.

21.   Contrary to the Plaintiffs' assertions, Mr. Joseph McLeod of Maslak McLeod Gallery, the other most prominent expert in Norval Morrisseau's art considers the paintings in question to be authentic.

NO DAMAGES

22.   Matulic denies that the Plaintiffs have suffered damages as alleged in the ASOC paragraphs 14 and 15 or at all as a result of the postings and puts the Plaintiffs to the strict proof of their allegations concerning damages.

DAMAGES IF ANY DUE TO ACTS AND OMISSIONS OF PLAINTIFFS

23.   If the Plaintiffs suffered any damages, which is not admitted but expressly denied, they are attributed to the acts and omissions of the Plaintiffs which failed to notify Matulic that is considered the postings to be defamatory. In this regard, Matulic also relies on the particulars of the Plaintiffs conduct provided in this SOD and the following additional facts:

       (a) The Plaintiffs did not at any time make any attempt to contact Matulic through the private messaging system, which was available at all times through his blog at http://norvalmorrisseau.blogspot.com/,
or in any other reasonable manner before the commencement of this litigation to notify Matulic of the Plaintiffs' complaint about the postings.

       (b) The Plaintiffs were aware of Matulic's Blog since its inception in November 2007.

NO BASIS FOR AGGRAVATED OR PUNITIVE DAMAGES

24.   Matulic specifically denies the allegation in the ASOC paragraph 5 that he was actuated by bad faith in "publishing/broadcasting" the words complained of in the ASOC subparagraph 5. Matulic honestly believed his words to be true and posted them in good faith and without malice and without gross negligence.

25.   The ASOC does not allege any material facts which would justify this Court in awarding either aggravated or punitive damages. In any event, the circumstances of this case do not warrant an award of either aggravated or punitive damages against Matulic.

26.   Further, and in the alternative, as a matter of law, a corporate plaintiff is not entitled to recover aggravated damages.

PLAINTIFFS FAILED TO MITIGATE DAMAGES

27.   The Plaintiffs made no attempt to notify Matulic in a timely way that the postings were considered by the Plaintiffs to be defamatory. Nor did the Plaintiffs ask Matulic to remove or modify the postings. No request was made for an apology.

THE ACTION AGAINST MATULIC IS AN ABUSE OF PROCESS

28.   Matulic therefore submits that this action constitutes an abuse of process and has been commenced with the vexatious attempt to deter Matulic from expressing his opinions, and as such, this is a strategic lawsuit against public participation intended to interfere with Matulic's right to freedom of expression.

29.   Matulic pleads and relies on sections 5,6,10,23 and 24 of the Libel and Slander Act and sections 1 and 2 (b) of the Charter.

RELIEF SOUGHT

30.   The Defendant, Ugo Matulic, asks that this action be dismissed with costs on a substantial-indemnity basis.

September 21,2011


STEINBERG MORTON HOPE & ISRAEL LLP
Barristers & Solicitors
5255 Yonge Street, Suite 1100
Toronto ON M2N6P4

Antonin I. Pribetic (34843S)

Tel: 416-225-2777416-225-2777
Fax: 416-225-7112

Lawyers for the Defendant


Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
SLAPP SUIT WON BY THE DEFENDANT !
>>> To learn more about this lawsuit and reasons behind it, I strongly recommend reading the STATEMENT OF DEFENCE presented ABOVE and click HERE for the Blog Master's Public Address... 
-----------------------------------------------------------------------------------


ADDITIONAL IMPORTANT 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).

* Both, Donald Robinson of Kinsman Robinson Galleries and his associate Ritchie Sinclair were discredited in this pivotal court case relevant to authenticity of Norval Morrisseau artworks (click HERE).


>>> Reference posts:
- Chill & Kill /Courtesy of http://themorrisseauhoaxexposedblog.com/,
- Norval Morrisseau Conspiracy & Art Market Competition,
- Ugo Matulic wins $1,000,000 SLAPP suit against Kinsman Robinson Galleries (Part I), THREAT OF LAWSUITS TRIGGERS BELATED CTV VIDEO & "Famed tenor drops suit alleging art dealer sold him fake Morrisseau paintings" by James Adams.
-