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

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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 BELOW and click HERE for the Blog Master's Public Address... 

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~ In response to Plaintiffs' Notice of Action & Statement of Claim posted on KRG blog on February 27th, 2012-

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 more than 1,870 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 10,000 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 phenomenal Canadian artist.

Accordingly, we take this opportunity to post our Statement of Defence, filed on September 22nd, 2011 in The Superior Court of Justice – Ontario, along with Plaintiffs' Notice of Action & Statement of Claim, filed on December 23rd, 2010 in respect of the defamation action commenced by the Plaintiffs, Donald Robinson and Paul Robinson of Kinsman Robinson Galleries of Toronto. The pleadings are part of the public record and available for viewing from the Toronto Courthouse at 393 University Avenue, 10th Floor, Toronto, Ontario, Canada.

We intend to vigorously defend this frivolous lawsuit and to pursue our mission of seeking justice for Norval Morrisseau and his art, which is a vital aspect of Canada’s heritage.

Please direct media inquiries to:
Attention: Antonin I. Pribetic, Litigation Counsel
STEINBERG MORTON HOPE & ISRAEL LLP
Barristers & Solicitors
5255 Yonge Street, Suite 1100
Toronto ON M2N 6P4

Email: apribetic@smhilaw.com
Tel: 416-225-2777 ext. 237





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Filed in The Superior Court of Justice – Ontario on September 22nd, 2011


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://norvalinorrisseau.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: 416-225-2777
Fax: 416-225-7112

Lawyers for the Defendant


Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
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~ Reference material:
1. Defendant's Statement of Defence [PDF]
2. Plaintiff's Notice of Action & Statement of Claim [PDF]
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Norval Morrisseau 81st Birthday Anniversary

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Ozaawaabiko-binesi ~ Copper Thunderbird ~ Miskwaabik Animikii

March 14th, 1931 /1932 or 1933/ - March 14th 2012


My Name is Norval Morrisseau...

"I was born in Forth William, Ontario - it's now part of Thunder Bay - on March 14th, 1931. There were nine of us, all boys. My mother and father were both Ojibway, but my mother was more Ojibway than my father; my father was partly half-breed French." [1]

[1] - THE ART OF NORVAL MORRISSEAU ('Jack Pollock's Book') /Lister Sinclair, Jack Pollock, and Norval Morrisseau/; ISBN: 0-458-93820-3 /Toronto, Ontario: Methuen, 1979./;

~ Page 41 ~

* Photography (detail) by Kay Tingley
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Recommended Readings (Part XVI)

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THE ART OF NORVAL MORRISSEAU
/Lister Sinclair, Jack Pollock, and Norval Morrisseau/; ISBN: 0-458-93820-3 /Toronto, Ontario: Methuen, 1979./
/Click on image to enlage/


The Art of Norval Morrisseau

The Art of Norval Morrisseau explores the genius of an artist whose work has been and continues to be influenced by symbolism and his own intrinsic spirituality. It is a story as perceived by writer/broadcaster Lister Sinclair, as experienced by his friend and long-time agent Jack Pollock and, ultimately, as told to us by the artist himself.

Norval Morrisseau is one of Canada's foremost artists and the acknowledged founder of the Woodland Indian School of Artists. Although his roots lie in the Ojibway culture, his genius as a creative painter defies classification. Steeped in tribal traditions since early childhood, he was the first to break a sacred taboo of his people by painting images based on the colorful myths and legends handed down to him by his grandfather, a shaman, and other members of the Great Ojibway.

Stories of rituals, ceremonies and magical god- like creatures come to life on canvas, as do the visions, dreams and inspirations Morrisseau experiences, because, as he tells us, a shaman-artist is endowed with special, spiritual powers.

Morrisseau's self-taught techniques and his intuitive sense of composition and balance are unsurpassed. His paintings with their bold design and striking colors are instantly recognizable; they have captured the imagination of art lovers everywhere, as well as inspiring other Indian artists who have accepted Morrisseau's visual language.

Above all, the book bears witness to Morrisseau's luminous art. It contains more than one hundred and thirty color reproductions of paintings and prints, as well as numerous drawings and other pictures rendered in black and white, accompanied, wherever possible, by legends and lore connected with the heritage of an ancient culture.


The Authors

Lister Sinclair (1921-2006)

Lister Sinclair was born in India in 1921. He attended school first in England and then in Vancouver at the University of British Columbia. Later, at the University of Toronto, he studied mathematics. He also became interested in anthropology as a result of his participation in several projects sponsored by the Ford Foundation.

Mr. Sinclair has written articles and essays as well as plays and documentaries for stage, film, radio and television. He has produced television plays and has lectured on the Fine Arts at York University in Toronto.

He holds honorary degrees from four Canadian universities - Mount Allison, Memorial, Sir Wilfrid Laurier and his alma mater, the University of British Columbia.

Jack Pollock (1930-1992)

Jack Pollock was born in Toronto in 1930. After attending the Ontario College of Art, he studied at the Slade School in London, England. When he returned to Canada in 1960, he opened his first art gallery on Elizabeth Street in Toronto.

Since then, he has been teacher, lecturer and gallery owner, as well as a dominant, vital and highly visible figure on the Canadian art scene.

Because of Mr. Pollock's strong commitment to art, he has promoted young Canadian talent for many years. He discovered Norval Morrisseau almost twenty years ago, has repeatedly exhibited his work and has introduced him to the international art world.

Jacket Illustration: Detail of Ojibway Family, 1977 /Private Collection/
ISBN: 0-458-93820-3

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Source: 'THE ART OF NORVAL MORRISSEAU'


>>> Reference posts:
- Recommended readings (Part I)

/'Dear M: Letters from a Gentleman of Excess' by JACK POLLOCK/,
- Recommended readings (Part II)
/'NORVAL MORRISSEAU: ARTIST AS SHAMAN' by BARY ACE/,
- Recommended readings (Part III)
/'History of the Ojibwa People' by WILLIAM W. WARREN/,
- Recommended readings (Part IV)
/'I am an Indian' - Edited by GEORGE KENTNER GOODERHAM/,
- Recommended readings (Part V)
/'NORVAL MORRISSEAU: SHAMAN ARTIST' by GREG A. HILL/,
- Recommended readings (Part VI)
/'Crooked River' by SHELLEY PEARSALL/,
- Recommended readings (Part VII)
/‘Me Sexy: An Exploration of Native Sex and Sexuality’ by DREW HAYDEN TAYLOR/,
- Recommended readings (Part VIII)
/'Ojibway Heritage' by BASIL JOHNSTON/,
- Recommended readings (Part IX)
/'Windigo and Other Tales of the Ojibways' - Edited by HERBERT T. SCHWARTZ/,
- Recommended readings (Part X)
/'Norval Morrisseau: Travels to the House of Invention' by NORVAL MORRISSEAU/KRG/
- Recommended readings (Part XI)
/'CHIPPEWA CUSTOMS' by FRANCES DENSMORE/

- Recommended readings (Part XII)

/"Sacred Legends of the Sandy Lake Cree" by JAMES R. STEVENS/
- Recommended readings (Part XIII)
 /"The White Ojibway Medicine Man And Other Stories" by Joseph Weinstein, Md/
- Recommended readings (Part XIV)
 /"Norval Morrisseau and the Woodland Artists: The Red Lake Years 1959 - 1980"
    by CHRISTINE PENNER POLLE/
- Recommended readings (Part XV)
/"Copper Thunderbird"/
   by MARIE CLEMENTS/
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>>> Norval Morrisseau Blog's endorsment by Bonnie Edwards Kagna MacFarlane

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~ Originally published on June 14th, 2010 (click HERE)





























"Pisces Princess", 48"x36", © 1988 Bonnie Edwards Kagna MacFarlane
~ This painting was created by Norval Morrisseau especially for Bonnie Edwards Kagna MacFarlane, her birthday being in late February
/Click on image above to Enlarge/


“As a long time collector of works by Norval Morrisseau (since the late 1980’s) I would like to say how much I enjoy the in-depth profile of the artist, Norval Morrisseau featured on Ugo Matulić’s (Spirit Walker) Norval Morrisseau Blog.

Because of his noble pursuit of the artist’s legend, I granted Spirit Walker permission to use the images and quotes from my book, 'My Year with Norval Morrisseau'. This was the first time I agreed to share these words and images - my small contribution to assist Spirit Walker in his quest to venerate Norval, his life and body of work.

Mr. Matulić is also attempting to clarify some of the market confusion with regard to the question of authenticity surrounding some of the artist’s creations.

Mr. Matulić is presenting to all, especially Morrisseau enthusiasts and collectors, a perspective that would be lost if not for his continual devotion and seeking of truths with regard to Norval’s life and work.

I endorse Spirit Walker, his efforts, his determination, his Norval Morrisseau Blog, and hope his good intentions will prevail.”

Bonnie Edwards Kagna MacFarlane
Collector and Author





SOURCE OF IMAGE: An INTRODUCTION for the book "My Year With Norval Morrisseau" (1987-1988) [ISBN: 978-0-9783627-0-6] by Bonnie Edwards Kagna MacFarlane (Used with permission) © London Galleries 2007


>>> Reference posts:
- Friends of Norval Morrisseau (Part IX) /Bonnie Edwards Kagna MacFarlane/,
- Friends of Norval Morrisseau (Part VIII) /Leona Lattimer/,
- Others about NORVAL MORRISSEAU BLOG (Part IV),
- The Edwards Collection (Part I),
- The Edwards Collection (Part II),
- The Edwards Collection (Part III) &
- Ojibway Word of The Day (Part II).

* The acrylic painting in this post: "Pisces Princess", 48"x36", © 1988 Bonnie Edwards Kagna MacFarlane. Image Copyright in accordance with an agreement with Norval Morrisseau, June 11, 1988.

Collectors Speak... (Part I)

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"Great Fish Spirit, 50"x57", © 1982 Norval Morrisseau

/Click on image to Enlarge/

~ click HERE, HERE, HERE & HERE for inscription on the canvas VERSO ~


Halyna  said...

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Dear Spirit Walker,

Sometimes, but not often, we come across something so powerful and insightful that it gets engraved in our souls and in our memories. That is exactly what happened to my husband and I when we saw paintings by Norval Morrisseau for the first time. It’s been almost 20 years, but the feeling is still fresh - joy and sadness, ancient wisdom and a sudden ray of humour…

We could not afford to purchase a real piece, so for a number of years, we would buy a selection of greeting cards and some books, just to have an opportunity to be surrounded by the power of the art of this Master.

Having been raised in Europe, where it was common for many to be in contact with and be surrounded by the arts and artists, I had to know more about Norval Morrisseau’s art and the artist than books had to offer. I was trying to learn more about his life, his inspirations and struggles, and how to decipher his symbolism, which touched me deeply.

In my attempts to connect my own experiences to the life and art of Norval Morrisseau I came across your blog. And what a learning curve it has been! I learned a great deal, which has helped me to form my own opinion on many things that had been unclear to that point.

Even if I might not agree with the format of the blog (being used as a repository of knowledge for such purposes), you impressed me with your dedication, your passion, and a firm stand on issues concerning the rights of and the search for truth about the late master.

As people we have different opinions on this and that. I, for one, would like to express my admiration for your valuable information, which enables us to form our own opinions. I thank you for that, Spirit Walker.

As a knowledge source, you provide valuable and timely services to the public. It is more than enough for those, like myself, who are looking for information on Norval Morrisseau to fill any gaps in our knowledge about this Great Master.

It is a great responsibility that you took on, dear Spirit Walker.

Thank you.

Halyna Klid, Edmonton, AB
 
13 April, 2011 19:51 --





>>> Reference posts:
- Norval Morrisseau Blog on Radio-Canada.ca,
- Mr. Robert Lavack's Open Letter to Spirit Walker,
- Others about NORVAL MORRISSEAU BLOG (Part I),
- Others about NORVAL MORRISSEAU BLOG (Part II),
- Others about NORVAL MORRISSEAU BLOG (Part III),
- Others about NORVAL MORRISSEAU BLOG (Part IV),
- Others about NORVAL MORRISSEAU BLOG (Part V),
- Others about NORVAL MORRISSEAU BLOG (Part VI),
- Others about NORVAL MORRISSEAU BLOG (Part VII),
- Others about NORVAL MORRISSEAU BLOG (Part VIII),
- Norval Morrisseau Blog's endorsement by Bruce Morrisseau,
- Norval Morrisseau Blog's endorsement by Bonnie Edwards Kagna MacFarlane,
- Open Letter to the NORVAL MORRISSEAU BLOG by Mr. Karl J. Burrows (Part I),
- Open Letter to the NORVAL MORRISSEAU BLOG by Mr. Karl J. Burrows (Part II),
- Open Letter to the NORVAL MORRISSEAU BLOG by Mr. David Barnes of Brampton, Ontario.

* The acrylic painting on canvas in this post: "Great Fish Spirit", 50"x57", © 1982 Norval Morrisseau; PROVENANCE: Acquired from Bearclaw Gallery, Edmonton, Alberta CANADA /Private Collection/

Interview With Ugo Matulic Collector of Norval Morrisseau

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© The Saatchi Gallery : London Contemporary Art Gallery


















"Water Demigod", © 1983 Norval Morrisseau
/Click on image to Enlarge/


>>> Ever wonder what goes through the mind of you average art collector? Well, even though Ugo Matulic is much more than an average collector, one might say he's a little obsessive, I have found his insight and ideas on art,the creation of art and the relationship between collector and artists very interesting. He is a dedicated educator and defender of the art of Norval Morrisseau and he has gone to many great lengths to preserve the legacy of the artist. So here's an interview with Ugo Matulic to help give us artists an idea of what goes on in a collectors head.

RR: When was the first time you recall seeing Norval Morrisseau’s work and why do you believe it affected you so greatly you started collecting it?

UM: In Sept of 1999 there was an exhibition under the title of “Powerful Images” at the Glenbow Museum in Calgary, where among other things dedicated to different artists and they had a major exhibition of Norval Morrisseau's works. A selection of Norval Morrisseau’s artworks from the Glenbow Museum archives was presented. They have ninety six originals in their collection and I was impressed with the imagery and I left under the impression and thought that hopefully I would be able to afford one Norval Morrisseau.

RR: Why do you think you chose to start collecting Norval Morrisseau’s work? What do you think it is in his imagery?

UM: I found it extremely powerful, it just grows on you. The imagery is …, the first impression is overwhelming and what you notice is the more you are exposed to it the more it starts growing on you. You experience it at many different levels of intensity depending on your on mood. It was amazing the way he was able to combine the colors and the powerful images. They had an effect on me.

RR: Did you have an interest in art before you started collecting Norval Morrisseau’s work?

UM: Oh definitely, all my life. Speaking about this particular style of art though, North American Native, Aboriginal, Indian art, the first native piece of art I purchased was by Isaac Bignell, a Cree Indian from Manitoba. He used a different style, a style that was more influenced by Benjamin Chee Chee than Norval Morrisseau, it was very simplistic, a minimalist style with powerful images of birds and animals and bison and stuff. It was very powerful; it affected me to start collecting the art. I was pretty much collecting Isaac Bignell’s until a dealer from Winnipeg , by the name of Anthony Martinenko offered me a Norval Morrisseau painting, which I was familiar with thanks to the Glenbow show. I bought one of them (click HERE) and that was the beginning of me collecting Norval Morrisseau’s art exclusively.

RR: How many years have you been studying Norval’s work?

UM: Now it has been a full ten years. I have been dedicated to this particular cause, to this particular artist for the last ten years. I have had the chance to acquire some other artists work at a good price, but then I had great contacts to acquire great Morrisseau’s for reasonable prices. I had studied a lot, studying book about Ojibway people, my most important two books where “The Art of Norval Morrisseau” that was co-written by Lister Sinclair and Jack Pollock (who was his first dealer in 1962) and “The Legends of My People: The Great Ojibway” that Norval Morrisseau wrote about the legends of his people. I was able to learn a lot about the legends of the Ojibway at the same time acquiring many paintings that are directly connect with the explanation of certain legends. It was quite a thrill when I was able to study the art, the history of his people, and legends while at same time acquire art which nicely blended together.

RR: How can an average person start an exquisite art collection?

UM: An average person can start a collection easily. Thanks to the power of the internet you can do research on an artist of interest and you can then try to find it on E-bay or at different venues, visiting different galleries, and galleries in other cities. Thanks to the power of internet there are lots of opportunities to acquire artworks, through different galleries' websites and at the same time if you are lucky enough like myself to acquire them from good contacts with direct sources, you can acquire pieces of art at a much more reasonable price than buying them directly through the galleries. I have acquired only limited number of paintings from galleries, maybe fifteen or twenty paintings.

RR: What is a current project you are working on?

UM: The current and major project is the Norval Morrisseau Blog that I am the blog master of, which involves different issues particularly major issues in trying to defend every piece that in my opinion deserves to be acknowledged. There is lots of controversy, slash conspiracy that actually involves a number of individuals and galleries who have tried to control the market by putting down a large body of the artist’s work, which is not acceptable, which is not acceptable because I respect the artist very much and can’t stand by watching that happening. I realise I do not want to talk too much about paintings that are authentic or not authentic, I just try to provide enough proof, enough information to seasoned and novice collectors for them to feel comfortable about what they are acquiring that it is authentic. It’s quite a challenge considering that not many people are assisting in the task. Even many people who possess valuable information that can assist to put this situation in order. Right now, things are damaged, the Norval Morrisseau art market is damaged, but I believe his legacy can never be destroyed because he is way too important for Canada and the world.

RR: Norval once said “I do not wish my work to exploited, but properly used as an art form in it’s proper place where for the generations of great Ojibwa people it can be seen in it’s proper place….” What do you have to say to people who you believe are exploiting his legacy?

UM: I believe that Norval Morrisseau’s art is full of positive energy and all the negative elements will be washed away sooner or later. I think their actions are definitely not serving; they might temporarily work towards drawing people. Drawing collectors to buy from them, but once everything is exposed…, I think this is not honourable to put down a large body of the artist’s work for somebody else's financial gain. After all the market is so damaged that many people have taken advantage of the situation by acquiring pieces. I would say if you want to, say buy a piece on the internet, its Ahh I don’t know it’s….. What they are trying to achieve is definitely damaging, it will actually damage their reputation as someone who supposedly cared about the artist work. It’s a shame what is going on about the authenticity of Norval Morrisseau’s art. I believe he is extremely important to Canada and he is an important painter because if he wasn’t none of this stuff would be happening.

RR: What is something you enjoy about having studied an artist so intently?
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UM: The Power of his art is just amazing. I mean I have been collecting for a decade; I’ve spent the last decade of my life dedicated to collect and to study his art. He constantly surprised me with power of his expressions and ability to deliver his art and the way he executes his art. Many artists develop a certain style. I mean you see some painting and you know right away, this is a painting by such and such artist. I have probably one of the most comprehensive collections of Norval Morrisseau that spans from the beginning of his career from 1957 all the way to 2002. Basically there have been so many different styles. When people say that Norval Morrisseau did not paint in a certain style in the 1970’s or 80’s or 90’s it’s not really a right statement because he was a genius able to experiment in so many different ways. His power of constantly changing and growing and breaking his own convention and executing his painting styles in so many different ways. I mean he created a visual vocabulary that never existed before; he was able to evolve constantly. His inspiration was such that he never had an artistic block. He was inspired to paint all the time and he never asked anybody, what do you think about this painting, what do you think about that one. He was a man on a mission to paint and preserve his cultural heritage. He was a great Canadian painter a national treasure and it is unfortunate that people of power are not doing something to protect his legacy.

RR: What is do you believe your role as a major collector is in Norval Morrisseau’s legacy?

UM: Well I am proud, and feel a great honour to be working on the blog. Trying to do something to put things in order, which unfortunately the way it works, I can’t achieve much it seems without some court case proceedings. Some court case proceedings need to give a blessing about what's authentic and what’s not. I am happy and glad to share my love and passion for his art. I hope it will inspire the others to try to solve these issues so that people can finally start enjoying the art without thinking about whether it's authentic or not. I feel I am just a messenger. Somebody had to be a messenger and somebody had to be there to express certain concerns, and I believe that I have provided a great forum where people can go and gain some education about different thing about Norval Morrisseau’s art. I have received e-mails from many people thanking me for being able to give them enough information that they can believe whether what they have is authentic or not.

RR: Why is art a good way to invest money?

UM: First of all, the beauty of art is that you buy it because you like it, you love it. The power of art is such, that good art can make you feel good, if you find something inspiring in a particular piece of art. Now I don’t consider myself an ordinary collector because not many collectors will all of the sudden start amassing a large number of paintings by one particular artist, but the power of Norval Morrisseau’s imagery was such and I had opportunities to acquire art for extremely affordable prices. Then I thought, we are talking about a national treasure who is an extremely important artist, that inspires me and I love the art, and you know I acquired one piece, two pieces, four, five, six, ten then I ended up at the point where I was just acquiring art, as much good Norval Morrisseau art that I was able to afford. Speaking about whether art is a good investment, I believe he is very important, for affordable prices or just for pure enjoyment. I believe he is a good investment because once the situation get sorted out Norval Morrisseau’s art is not going to be affordable for ordinary people. My driving force to collect the art was not art as an investment, as a monetary value. I think it’s very important, Norval Morrisseau art is more important on a spiritual level, for what this art means to me. Regardless of anything Good Art is Always a good investment if you observe it as an investment as vehicle for you investing your money but there are more powerful aspects of art than just pure investment for money, there is pure enjoyment of owning the art that can inspire you and make you feel good about yourself. Art is inspiration and if something inspires you, like good art,…you know Norval Morrisseau’s art was so colourful that many people claim to be cured by his art. It’s scientifically proven that color therapy is very effective and his art is extremely powerful particularly paintings that are more vibrant, he used more vibrant colors starting from the late seventies to the end of his career. Personally I like those subdued earth colors he used at the beginning of his career because those had more spiritual powers. Those images have a different power not necessarily from the colors he used though; it’s the power of the imagery he implemented even with a limited pallet of colors.

Interviewed and presented by Richard Rossetto


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Source: www.saatchionline.com
                  /click HERE to read an interview with Ugo Matulić a.k.a. Spirit Walker/


>>> Reference posts:
- An Artist Lesson on Saving from Aboriginal Artist Norval Morrisseau,
- Art+Culture's Interview with Blog Master,
- Homage to Norval Morrisseau (Part IV) &
- Thunder Bay's Norval Morrisseau vs. Jack Pollock's Norval Morrisseau (Part IX).

* The painting in this posting: "Water Demigod", 36"x60", © 1983 Norval Morrisseau /Ugo Matulić a.k.a. Spirit Walker's Private Collection /

After 3 years of RCMP & Thunder Bay Police Service investigation no evidence of fraud* found

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/This post was originally published on March 5th, 2011/

* - in regards to any painting and/or paintings done by Norval Morrisseau


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>>> An Royal Canadian Mounted Police (RCMP) investigation which began in 2008 has now ended. Accusations were made about fraudulent works of art done by the late Norval Morrisseau being sold to the public by galleries, auction houses and private vendors. The police departments in Milton, Ontario and Thunder Bay, Ontario were both lead to investigate. After first contacting the Milton RCMP Detachment this writer was told by staff that the case was closed and sent to the Thunder Bay Police Service. Our first conversation began with Sgt William (Bill) Quarrell of the Thunder Bay Police Service Department (tel: 807-684-1256) afterwards. Leading the investigation in Thunder Bay his team found 'no evidence of fraud in relation to any painting and/or paintings done by Norval Morrisseau' as per our conversation over the phone. Sgt Quarrell also made note that the case was closed in Thunder Bay and that it would be re-sent back down to Milton RCMP.

We later contacted the RCMP ‘Toronto West Detachment ‘ in Milton, Ontario and spoke to the leading investigative officer Sgt Gary E. Harvey (tel:905-876-9629) Sergeant Harvey was in charge of the Toronto and Greater Toronto Area of the investigation at the time of this interviewer's call in the month of February 2011. He concluded with our conversation that his investigative team had found 'no evidence of fraud in regards to any painting and/or paintings done by Norval Morrisseau'.

SUMMARY: The case began in Milton, Ontario in 2008 with many vendors, gallery owners, collectors and private citizens questioned. This case was later moved up to the Thunder Bay Police Service Department. Both investigative branches of this case have been closed down and no arrests were ever made by these two police departments to anyone in regards to accusations made of fraudulent paintings being sold at auction houses, galleries, and by private vendors - WHICH IS CONTRARY TO FALSE AND MISLEADING STATEMENTS PRESENTED IN BLOGOSPHERE AND ELSWHERE.

NOTE: The Blog Master of the NORVAL MORRISSEAU BLOG (Ugo Matulić a.k.a. Spirit Walker) was interviewed on a voluntary basis in 2009 for about 1.5 hours by Cpl Judith Falbo. Who worked for the RCMP Federal Enforcement Section in Milton, Ontario – Toronto West Detachment; and currently works at NCO I/C Kitchener Federal Enforcement Section (tel: 519-896-3542; ext 481). Cpl Judith Falbo also confirmed that after three years of investigation that the RCMP had found 'no evidence of fraud in regards to any painting and/or paintings done by Norval Morrisseau'.

BLOG MASTER'S COMMENT: After three years of investigation by Royal Canadian Mounted Police and Thunder Bay Police Service and after four court cases over the period of five years (see reference posts listed below) 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.
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>>> Reference posts:
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.
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Norval Morrisseau a.k.a. Copper Thunderbird

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-Shaman-Visionary-Storyteller-Artist
- Anishinaabe/Canadian Painter-


© 2008 by Vanessa Liston


"My art reflects my own spiritual personality. Driven from birth by the spirit force within, I have always been convinced that I am a great artist. Only the external and commercial society around me which has caused interruptions and deviations to occur has attempted to dictate to me and establish false values and ideals. The path through this maze has not been easy. Now, thirty-five years later, fortified by my grandfather's spiritual teachings during the first nine years of my life, I make peace with the external world, and I recognize the higher powers of the spirit.

I am a shaman-artist. Traditionally, a shaman's role was to transmit power and the vibrating forces of the spirit through objects known as talismans. In this particular case, a talisman is something that apparently produces effects that are magical and miraculous. My paintings are also icons; that is to say, they are images which help focus on spiritual powers, generated by traditional belief and wisdom. I also regard myself as a kind of spiritual psychologist. I bring together and promote the ultimate harmony of the physical and the spiritual world.

My art speaks and will continue to speak, transcending barriers of nationality, of language and of other forces that may be divisive, fortifying the greatness of the spirit which has always been the foundation of the Great Ojibway."

Norval Morrisseau, 1979-





Source: The text from THE ART OF NORVAL MORRISSEAU ('Jack Pollock's Book') /Lister Sinclair, Jack Pollock, and Norval Morrisseau/; ISBN: 0-458-93820-3 /Toronto, Ontario: Methuen, 1979./-
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