>>> First Anniversary of the Judgement in the Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks...

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... JUSTICE WAS CONFIRMED AS JONATHAN SOMMER'S APPEAL ON BEHALF OF THE PLAINTIF HAD FAILED!
   
Hatfield vs. Artworld of Sherway
/Court File No. SC-09-087264-0000/

 

"Wheel of Life", © 1979 Norval Morrisseau

 /Canvas front & VERSO/


A landmark court decision confirms the authenticity of thousands of Norval  Morrisseau paintings! 

ArtworksHatfield vs. Artworld of Sherway
/Court File No. SC-09-087264-0000/

~ The following is the analysis and decision of Deputy Judge Paul J. Martial's judgement dated March 25th, 2013 and officially issued by the Ontario Superior Court of Justice on April 2nd, 2013 (Pages 35 - 39) 

ANALYSIS – copy of Judge Martial’s Judgment
(Note: For clarity and brevity, we have removed Judge Martial’s lengthy supporting quotes from the trial transcripts, which he added between the paragraphs)

"The Court has considered in excess of some 750 pages of testimony over five days of hearing and reviewed the exhibits and considered the detailed written submissions of counsel.

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.

"The eye witness testimony of his brother Wilfred Morrisseau who lived with him for substantial periods of time in the North and elsewhere and who saw him sign in black brush paint is convincing and credible.

"The testimony of Marlow Goring supports his testimony in regards to the practise of the artist signing paintings in black brush.

"Wilfred Morrisseau's testimony that his brother painted while in jail and his explanation of his brother's decadent lifestyle and his carefree attitude to life provides a cogent explanation for the lack of receipts to document the provenance.

"The Court adopts Wilfred Morrisseau's testimony that his brother painted a significant number of paintings en masse and it is therefore reasonable to conclude that his production was in the thousands.

"The testimony of Mr. Joseph McLeod is indicative of his care and the detailed efforts to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously.

"His testimony of the origin of the Cree syllabic signature, the name Copper Thunderbird and his interpretation of the painting "Wheel of Life" demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.

"His explanation of the brown more muted colour of the painting compared to the brighter later paintings is credible when considered in the context of pictographs near Lac Seul and in Nipigon where Morrisseau lived and likely the inspiration of the earlier paintings. Such pictographs were also known to exist in the Petroglyphs near Peterborough where Morrisseau formerly resided.

"The Defendants acted reasonably in obtaining one of two appraisals from Mr. Joseph McLeod to authenticate the painting due to his knowledge of and prior dealings with the artist due to the controversy about provenance.

"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.

"Mr. Robinson was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified.

"He has no formal training as an expert witness in handwriting analysis and his evidence is rejected.

"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau.

"Mr. Robinson also testified as to his personal dealings with Morrisseau paintings. It was his view that there were a large number of forgeries.

"It was also clear that his personal views and business interests conflicted with his professional opinion since it was in his interest along with Mr. Vadas to maintain the price of Morrisseau paintings which would not otherwise be the case if the market was flooded with paintings sourced from Potter auctions.

"The Court rejects his expert report and his conclusion that the Morellian analysis, style, colour, and provenance all pointed to forgery.

"Mr. Joseph McLeod's testimony is preferred to that of Mr. Ritchie Sinclair. Mr. Sinclair's testimony of numerous forgers paid for with drugs although dramatic was not supported by the evidence.

DECISION

"After a careful consideration of all of the evidence, the Court finds that on the balance of probabilities that the painting "Wheel of Life" dated February 1979 is an original Norval Morrisseau and undoubtedly one of his most notorious paintings.

"The painting “Wheel of Life" is not a forgery. The Defendants did not misrepresent the authenticity of the painting.

"The Plaintiff's claim is dismissed with costs fixed at $1,500.00 dollars pursuant to the written submissions of counsel.

"Dated at Toronto this 25th day of March 2013.

Signed

/Paul J. Martial/"

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~ This document, issued by the Ontario Superior Court of Justice, also includes the introduction, plaintiff's and defence evidence as well as summary of testimonies by Ms. Margaret Hatfield, Mr. Donald Robinson, Mr. Ritchie Sinclair, Ms. Donna Child, Mr. Wilfred Morrisseau, Mr. Kevin Cott, Mr. Joseph McLeod, Mr. Marlow Goring, Dr. Atul K. Singla and Mr. James White.

Source: Deputy Judge Paul J. Martial's judgement

                  /Complete Original Downloadable Document/

                 

Ref.: Madame Justice Mary Anne Sanderson ruling for an appeal

            /Complete Original Downloadable Document/

                

 

 

ADDITIONAL INFORMATION:

 

Hatfield v. Child, 2013 ONSC 7801 (CanLII)

/This is an appeal by the appellant Hatfield from the decision of the Honourable Deputy Judge Paul Martial of the Toronto Small Claims Court dated March 25, 2013./

~ Funded by Canada’s lawyers and notaries for the benefit of all, CanLII provides free access to legal information 

 

Note: "The Hatfield case was unique in that it represented the first time a Morrisseau authentication joust had proceeded through a complete trial – it required five hearings spanning about two and a half years and resulting in 750 pages of published evidence – and ended with a judicial ruling." ~ 'The Globe and Mail'

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"In a stunning, and incredibly detailed and thoughtful ruling, Madam Justice Sanderson, totally backed up the landmark ruling of Deputy Judge Paul J Martial in the Hatfield v Child case, and dismissed entirely the Appeal of Jonathan Sommer for Ms. Hatfield. Madam Justice Sanderson supported entirely, the right of Judge Martial to dismiss in their entirety, the expertise, the expert reports, and the testimony of both Sommer’s witnesses, Donald Robinson of Toronto’s Kinsman Robinson Galleries and its outreach worker Ritchie Sinclair."
 

Source: theMorrisseauHoaxExposedBlog.com

Click HERE to continue reading...

 

>>> REFERENCE POSTS (STRONGLY RECOMMENDED):
- Forensic Document Examination (Part I), - Signatures on Norval Morrisseau artworks certified by Forensic Science, - 'A Fabulous Merry Christmas Greeting for Norval & All Canadians from Madam Justice Mary Anne Sanderson', - The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part I), - The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part II), The Jonathan Sommer's appeal on behalf of the Plaintiff in Hatfield vs. Artworld of Sherway has failed on December 17th, 2013... (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part I), - Downloadable Norval Morrisseau Forensic Reports (Part II), - Downloadable Norval Morrisseau Forensic Reports (Part III), - Downloadable Norval Morrisseau Forensic Reports (Part IV), - Morrisseau's artwork in Auction Houses, Commercial Art Galleries & Museums Around the World, - Genuine Morrisseau paintings: Appraised, Authenticated and Forensically Analyzed... /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/ - Experts in Norval Morrisseau's Art (Part I) /Ref.: Mr. Joseph McLeod/ - Norval Morrisseau authenticating his artworks /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Endorsement by Thunder Bay Art Gallery of genuine Morrisseau paintings from 1970's /In regards to the Genuine Norval Morrisseau paintings signed by the artist with a dry brush (DB) technique/, - Authenticity Statement by Mr. Goyce Kakegamic /'In regards to Genuine Norval Morrisseau paintings acquired from Collections of Mr. Rolf Schneiders and Mr. Gary Lamont/, - Statutory Declaration by Mr. Robert Scott, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/, - Statutory Declaration by Mr. Deiter John Voss, /' Witnessing Norval Morrisseau signing the paintings with a dry brush (DB) technique'/ - Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway (Part IV) & - Pivotal Court Case Relevant to Authenticity of Norval Morrisseau Artworks.

~ 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 ). ~  

Mr. Randy Potter's genuine Norval Morrisseau paintings available on eBay (Part VIII)

~ Reference for Norval Morrisseau's admirers, & art collectors

AUCTIONS FOR THESE TWO PAINTINGS END TODAY! 

"SPIRIT BOND BETWEEN FATHER AND SON" 1 of 2 & 2 of 2, 33"x33" & 26"x40", © 1976 Norval Morrisseau
/Click on image to Enlarge/

~ In 2003, I had a privilege to have a telephone communication with a prominent Anishnaabe (Woodland) artist Roy Thomas (1949 - 2004). Among the few things we discussed he revealed to me that the three dots that Norval Morrisseau used on many of his paintings represent the unifying balance of the MIND, BODY and SPIRIT. (click HERE & HERE for more information).


C/W SIGNATURE COMPARISON
~ Featuring signatures signed by the artist with a dry brush (DB) technique compared with the conclusive findings of three top internationally recognized Forensic Document Examiners and Handwriting Experts

1)

 "SPIRIT BOND BETWEEN FATHER AND SON" 1 of 2, 33"x33", © 1976 Norval Morrisseau /Click on image to Enlarge/

PROVENANCE: Mr. David Voss' collection, Thunder Bay, Ontario  

Source: 'eBay' Item number: 161250636419

"SPIRIT BOND BETWEEN FATHER AND SON" 1 of 2, 33"x33", © 1976 Norval Morrisseau /Click on image to Enlarge/

~ Canvas VERSO signed by the artist with a dry brush (DB) technique

PROVENANCE: Mr. David Voss' collection, Thunder Bay, Ontario 

2)

 "SPIRIT BOND BETWEEN FATHER AND SON" 2 of 2, 26"x40", © 1976 Norval Morrisseau /Click on image to Enlarge/

PROVENANCE: Mr. David Voss' collection, Thunder Bay, Ontario 

Source: 'eBay' Item number: 161250640241

"SPIRIT BOND BETWEEN FATHER AND SON" 2 of 2, 26"x40", © 1976 Norval Morrisseau /Click on image to Enlarge/

~ Canvas VERSO signed by the artist with a dry brush (DB) technique
PROVENANCE: Mr. David Voss' collection, Thunder Bay, Ontario 

"I AM LISTING THESE PAINTINGS TO POSSIBLY EDUCATE THE PUBLIC ABOUT MORRISSEAU PAINTINGS. MY NAME IS RANDY POTTER AND I AM A RETIRED AUCTIONEER. I HAVE SOLD PROBABLY AROUND 1500 OF NORVALS PAINTINGS AND HAVE NEVER HAD EVEN ONE RETURNED TO ME FOR A REFUND. 100% HAPPY CUSTOMERS." 

Randy Potter
Port Hope, Ontario





BLOG MASTER'S NOTES/SIGNATURE COMPARISON:

All of Norval Morrisseau paintings acquired from Mr. Potter's auction (Randy Potter Estate Auctions) that were analyzed for artist's signatures were forensically authenticated by three top internationally recognized Forensic Document Examiners and Handwriting Experts from Ottawa, Toronto and Calgary.

Click HERE and/or view below presented comparison to view how signatures on these authentic paintings compare with genuine Norval Morrisseau's signatures proven to be authentic by below listed Forensic Document Examiners. 

Open this image in the new window for detailed examination of this comparison 

Legend:

L = Downloadable Norval Morrisseau Forensic Reports (Part III),
~ Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' 
S = Downloadable Norval Morrisseau Forensic Reports (Part IV),
~ Dr. Atul K. Singla of 'Worldwide Forensic Services Inc.' 
D = Downloadable Norval Morrisseau Forensic Reports (Part V).
~ Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)'

NOTE: Also, every single painting purchased from Mr. Potter's auction which had been brought for appraisal to Mr. Joseph McLeod (Maslak McLeod Gallery) was positively authenticated as well.  


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

"The Court finds that there is overwhelming evidence that Norval Morrisseau signed paintings in black brush paint.” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 34)

“The testimony of Mr. Joseph McLeod is indicative of his care and the detailed effort to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously. His testimony… demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 35)

 "His (Donald Robinson) 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. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 36)

"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 36)

"Mr. Robinson was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 36)

"He (Donald Robinson) has no formal training as an expert witness in handwriting analysis and his evidence is rejected. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 36)

"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 36 & 37)

"Mr. Robinson also testified as to his personal dealings with Morrisseau paintings. It was his view that there were a large number of forgeries. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

"It was also clear that his (Donald Robinson) personal views and business interests conflicted with his professional opinion since it was in his interest along with Mr. Vadas to maintain the price of Morrisseau paintings which would not otherwise be the case if the market was flooded with paintings sourced from Potter auctions. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

"The Court rejects his (Donald Robinson) expert report and his conclusion that the Morellian analysis, style, colour, and provenance all pointed to forgery. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

"Mr. Joseph McLeod's testimony is preferred to that of Mr. Ritchie Sinclair. Mr. Sinclair's testimony of numerous forgers paid for with drugs although dramatic was not supported by the evidence. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

NOTE: Genuine Norval Morrisseau painting involved in this court case was also acquired from Randy Potter Estate Auctions and appraised by Mr. Joseph McLeod.

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>>> Reference posts (signatures):
- Downloadable Norval Morrisseau Forensic Reports (Part III),
~ Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' 
- Downloadable Norval Morrisseau Forensic Reports (Part IV),
~ Dr. Atul K. Singla of 'Worldwide Forensic Services Inc.'
- Downloadable Norval Morrisseau Forensic Reports (Part V).
~ Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)'

>>> Related reference posts:
- Randy Potter's Morrisseau paintings available on eBay (Part I),
- Randy Potter's Morrisseau paintings available on eBay (Part II),
- Randy Potter's Morrisseau paintings available on eBay (Part III),
- Randy Potter's Morrisseau paintings available on eBay (Part IV)
- Randy Potter's Morrisseau paintings available on eBay (Part V)
- Randy Potter's Morrisseau paintings available on eBay (Part VI) &
- Randy Potter's Morrisseau paintings available on eBay (Part VII).-