Thursday, August 28, 2008 (Part III)

Otavnik Vs Vadas SC 07-51428-00

© 1969 Norval Morrisseau

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.
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 All of the items from all consignors which Mr Vadas said were fakes were withdrawn and not sold.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).
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.
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.
Also, enclosed please find a copy of a picture of Norval with his son Christian which was took 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.
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.
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.
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.
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.
Note: For the calculation of damages see Exhibit # 9.
---------/Plaintiff's Claim/
- The paintings in this posting: "Untitled", 55"x19" ea., © 1969 Norval Morrisseau


Anonymous said...

Michael Moniz
ebay vendor AVALON*13
eBay store name:Galleries of AvalonIt has come to my attention that the Kinsman Robinson Gallery and their BLOG have been attacking me and my eBay business on a personal and slanderous campaign.
Here is an example of a posting by one of their bloggers who goes by the name of "reptile".

reptile said...
here's an example of the famous "dry brush signature" on the back of a "Morrisseau" painting.I've seen many of these, and strangely enough they are always in the less credible galleries. This painting is currently offered on ebay: 20, 2008 3:21 PM

This blogger has chosen to link my picture of a Norval Morrisseau painted signature on the reverse of a canvas that I am selling on eBay.This idiot says that my painting is a fake.Along with this idiot is another two jerks who go by the names of "principle dealer" and "itsallaboutart" who have said the same thing as "reptile".You people are liars and cheats.
After reading carefully the full contents of this lawsuit against Gabe Vadas and Joe Otavnik.I will add by saying that all of my paintings I sell on eBay have come from the same source as Joe Otavnik's two paintings came from and that is "Kahn's Auction House".All of my paintings have been sourced down to Mr.David Voss of Thunderbay Ontario as well.All of my paintings I sell on eBay have been Appraised by Maslak McLeod Gallery who's director is a registered member of ADAC/Canadian Public Appraisers.
These Pdf files include statements made by...
1.Declaration by Joeseph Otavnik.
2.Randy Potter's affidavit.
3.Donna Shea's affidavit.
4.Forensic Document Examiner(Brian Lindblom) and his entire credentials.
5.Affidavit by Brian Lindblom regarding the examination of the two paintings once owned by Joe Otavnik.
6.Appraisal Documents done by Don Robinson of Kinsman Robinson Gallery.
7.Recipts of purchase by Don Robinson for 28 paintings purchased at Kahn's auction through Randy Potter presiding.
8.Letter by David Voss addressing Don Robinson's coercive tactics to control the secondary market of Norval Morrisseau paintings coming through Randy Potter's auction house.
9.Affidavit by David Voss.
10.Affidavit by Christian Morrisseau.
11.Affidavit by David Morrisseau.
12.Affidavit by Joseph McLeod of Maslak McLeod Gallery. forms involving this lawsuit settlment on behalf of the plaintiff and defendant.
What do you have to say about all this?
1.Don Robinson?
2.Norval Morrisseau Heritage Society and all six of their members?
3.Gabe Vadas?
4.Arron Millrad?
5.Patricia Fehelly
6.The late Val Ross who can longer speak for herself?
7.Bryant Ross of

Anonymous said...

What is Maslak/Mcleods current standing with ADAC and why is his name no longer on the ADAC web site?

itsallaboutart said...

Mr "Jerk" here. To my little parasitic friend.(please address me as such)
I take offence that you disliked my comments on another blog, I like you have undocumented works which may or may not be by Morrisseau, the big difference is that all of my works at least resemble the style of the master.
I am aware that there was perhaps too much verbal clutter in my post, but if you read my post, I did also refer to your works as great.
why no thank you for that?

The legal case you refer to, what would you conclude from the results?

Mr Jerk.

Anonymous said...

Michael Moniz
eBay Vendor -Galleries of Avalon
eBay ID-avalon*13

All the galleries listed below have sourced out many if not all of their paintings from Randy Potter's Auction House.The same auction house that I had purchased every painting I owned and sold to the market and for my personal collection.Most of these paintings in all of these galleries can be sourced back to David Voss of ThunderBay.Some of these paintings have been consigned to the galleries for public sale by private collectors.I have personally witnessed the sale of many of these paintings from Randy Potter's Auction house-formerly known as kahns auctions in Pickering Ontario.

Director eBay Vendor AVALON*13-Michael Moniz
private Home Address n/a

telephone; 416-944-2577
118 Scollard St.
Toronto Ont. M5R 1G2.

Bearclaw Gallery
10403-124 Street
Edmonton, AB T5N 3Z5 Email: TEL: 1+(780) 482-1204
FAX: 1+(780) 488-0928

Sherway Gardens
Toronto, Ontario


Tel: 705-657-1108
Fax: 705-657-1078

P.O. Box 130
Buckhorn, ON
K0L 1J0

TELEPHONE 250.752.7350
Email us at

Artcube (Gallery Sunami) can assist with authenticatication and evaluation of works by Norval Morrisseau.
Please inquire at for more information or call 416-221-5056

Director of Fine Art:Sunny Kim

6035 Yonge St. Toronto ON M2M 3W2 Canada


156 Front ST.West Toronto Ontario
M5J 2L6

The Wah-sa Gallery
in the Johnston Terminal at The Forks

130-25 Forks Market Road

Winnipeg Manitoba R3C 4S8

(204)942-5121; FAX (204)942-5122

"in response to your comment to the jerk...itsallaboutart...I am not your friend and I don't need your approval.You insult and complement me at the same time...choose a side and stand firm...make up your mind and spend money on the pieces you do have looked at professionaly by Brian Lindblom or a member of ADAC/CPA...spend money."

Anonymous said... i've got a good list of who NOT to buy from......thanks mm -cbm

Anonymous said...

Provenance - how do we get from David Voss to Norval Morrisseau. His letter states he started collecting in the 1980's but all these paintings are from the 1970's. He also mentions he traded paintings and he bought them off of friends or associates that were living on or associated with different reserves. He did not purchase these paintings from Norval himself. There is no solid direct link of provenance back to Morrisseau himself at this time for any of these paintings.

Anonymous said...

Michael Moniz
eBay vendor-AVALON*13
Galleries of Avalon

the "JERK"-itsallaboutart said...
Just spent the last little bit going through this open directory full of files from one blogger/ebay seller.
Many fake, I mean great paintings as well as some very intresting revelations within the pictures.
I always like to see the fake, I mean great paintings from the 70s.
great find Reptile..

August 20, 2008 6:30 PM
Identify yourselves-real names?
Show me your paintings...lets see what you have...lets see the signatures on your pieces?

Anonymous said...

"Why didn't Don Robinson just return the 28 paintings for a full refund back to Randy Potter's Auction instead of giving them to the Norval Morrisseau Heritage Scam?"
Randy Potter told me in person that he offered to give Don Robinson a full refund.But instead Robinson hatched his propaganda of disinformation into newspapers along with other parties that would benefit from trashing Norval Morrisseau's earlier works of art.You see Donny,your plan has backfired on you and has come back seven years later to haunt have caused alot of people alot grief.Kharma's a bitch...isn't it?

Anonymous said...

michael......instead of attacking don robinson.........why don't you tell all of us here........why are YOU changing your eBay id like your changing your underwear............what are you hiding.....................???????

let's see.............

1avalon3 Jul-21-08 to Present
michaelrockefellor Jun-19-08 to Jul-21-08
thunderbear888 Apr-30-07 to Jun-19-08
bluenova999 Sep-25-05 to Apr-30-07

maybe some of those buyers would like to reach you again..........
........yours, cbm

Spirit Walker said...

To cbm: Michael's habits of changing E-bay user names does not pertain to the topic.

Please, stick to the topic.

Meegwetch, SW

Anonymous said...

Michael Moniz
ebay vendor-AVALON*13
ebay Store-Galleries of Avalon


"and proven that the truth promotes trust"

Thank You spritwalker and everyone who has been involved in clearing Norval Morrisseau's name.

Anonymous said...

won what? could you please add in your point, you know, the one you so often miss.


Anonymous said...

the point is ........ that the fake Morrisseaus are in fact NOT fake and it a ploy to corner the market by KRG and their associates!!

Anonymous said...

So, KRG and others have somehow removed every and any trace of evidence regarding this style of painting? this must have been a huge chore in that books, interviews, pictures people and their memories must have been wiped off the face of the earth?
now that would be a big scam.
don't you agree?

Anonymous said...

Michael Moniz
eBay Vendor ID-AVALON*13

What this all means is that guys like Don Robinson,Gabe Vadas and Bryant Ross of Coughlanart studios in British Columbia now regret ever saying anything bad about these paintings I have and where every other gallery I mentioned in my list are selling the same paintings I have been selling that are coming from the same sources down to David Voss are legit,and always have been legitimate paintings.Your smear campaigns have backfired on all of you!How you guys aren't attacking the other galleries in my list?
Because you know that they will sue your sorry ass if you begin to slander their galleries on a personal level like you have done to me...that's why!!!!
The public is now fully aware of your scams with the newspapers and using the Norval Morrisseau Heritage society to back you up on things they have admitted through their lawyer Richard Baker that they have NEVER authenticated any painting that they have archived in their catalogue resonne and will not do so for the next 25 years until they are ready to authenticate I am told.
So what we have here is Kinsman Robinson galleries and Gabe Vadas using the commitee to back themselves up on grounds that the NMHS has no authority nor claim to say anything about.
I Michael Moniz solemnly declare that the paintings I have sold on eBay and else where are genuine Norval Morrisseau paintings and if anyone wishes to dispute this fact in a court of law you are most welcome to sue me in a court of law and I will retaliate in my defence for you to PROVE THAT THE PAINTING(s) you question that I possess are fake."Prove to me in a court of law that they are fake in other words".You have made the acusation,it is not up to me to prove they are's up to you guys to prove they are fake as you say.You will lose for certain I guarantee it.

(A point was mentioned that a certain member of ADAC is longer a member of ADAC.That member that they are trying to slander is Joseph Mcleod.In an interview with me I asked him what happened in this regards.He told me he had quit being a member of ADAC because "ADAC NO LONGER ALLOWS ANY OF IT"S MEMBERS TO APPRAISE ARTWORK....SO WHY CONTINUE BEING A MEMBER?"
Why did ADAC stop it's members from doing this?
Answer:Because of the mistake Patricia Fehelly made in her statement in the February 14th 2007Globe&Mail article slandering me and an unknown member of ADAC(Joe McLeod) that had appraised the painting the Globe&Mail had said was a 1.forgery(Father and Son dated 1977) and that I had 2.disappeared off eBay as a vendor.Both these statements were of course UNTRUE!
She ended up resigning as president of ADAC because of this unfortunate error on her part I believe.
Oh this bit of information also must be told for the spin doctors on the other BLOGS and that is Joseph Mcleod is still a member of the Canadian Public Appraisers(CPA)so the appraisals he has done on all of my paintings are still useful documents and can be used for Insurance and Legal Court purposes because they are signed ADAC/CPA member before he quit ADAC.

Anonymous said...

now that a precedent has been set I hope many more will save their paperwork and start suing! I sure wish I did

Anonymous said...


rubbish... all of it. Burden of proof is on the owner of the painting, any painting. Prove they are. That lawsuit certainly doesn't prove anything. The expert said, I CAN'T PROVE ANYTHING.

You have only won one thing...
the booby prize


Spirit Walker said...

Please, only comments pertaining to the topic will be posted.

Meegwetch, SW

Anonymous said...

I own one of these paintings that I bought off eBay about three years ago. The lack of provenance has concerned me over the course of the last year or so. This case know provides provenance leading back to David Voss but it still does not link the paintings directly to Norval Morrisseau himself. How can victory be claimed ungtil they are directly associated with the artist? Perhaps David Voss has the answer.....