Saturday, November 1, 2014

"Famed tenor drops suit alleging art dealer sold him fake Morrisseau paintings" by James Adams

-

~ The Plaintiff's legal counsel is Mr. Jonathan Sommer who represented the Plaintiff in a recent court case Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway. This court case concluded with devastating consequences for the Plaintiff Ms. Margaret Hatfield of Sarnia, Ontario costing her $56,894.65 of her retirement money (click HERE for this landmark court decision* confirming the authenticity of thousands of Norval  Morrisseau paintings). 

* - the Plaintiff's only witnesses in this related court case were Mr. Donald Robinson of Kinsman Robinson Galleries and Mr. Ritchie SinclairBoth, Mr. Robinson and Mr. Sinclair were discredited by the Paul J. Martial's judgement on April 2nd, 2013 (click HERE).




 "Sacred Bear Children",  © 1971 Norval Morrisseau / Mr. John Mcdermott

Provenance: Sold to Mr. John McDermott by Mr. Joseph McLeod of Maslak McLeod Gallery (Toronto, Ontario) in 2003 (click HERE to view this genuine Norval Morrisseau painting as shown in an exhibition endorsed by James K. Bartleman - the Lieutenant Governor of Ontario; see painting #17)


--------------------------------------------------------------------------------
/This 'The Globe and Mail' article has been reposted as a matter of significant public interest/

~ BLOG MASTER'S COMMENTS ARE 'IN RED', REPRESENTING THE NEGLIGENT MEDIA REPORTING WHICH CONTINUES DAMAGING THE LEGACY OF THIS GREAT CANADIAN PAINTER...

Famed tenor drops suit alleging art dealer sold him fake Morrisseau paintings

James Adams
The Globe and Mail

Famed tenor John McDermott is no longer suing a Toronto art dealer for selling him three Norval Morrisseau paintings in 2003 that he subsequently alleged were “fakes and imitations.” Both McDermott, 59, and his lawyer, Jonathan Sommer, confirmed this week that the action, initiated in October, 2013, in Ontario Superior Court against Joseph McLeod, was not being “pushed forward” and had been “dismissed as abandoned” in June this year.

No reason for the abandonment was given, although it is known that no out-of-court settlement was reached. McDermott’s suit, for more than $69,500, made headlines nationally because it was one of the first formal legal actions to outline how allegedly fraudulent Morrisseaus have been created, and where. Reports of fake Morrisseaus, numbering in the hundreds, have been circulating for many years, even before the famed Ojibwa artist died at 75 of causes associated with Parkinson’s disease in December, 2007 {FALSE STATEMENT NOT PROVEN IN COURT OR ANYWHERE, INFLUENCED BY RITCHIE SINCLAIR}.

At the same time, others have stoutly disputed these claims. In one much-discussed decision last December, an Ontario Appeal Court judge upheld a March, 2013, ruling that had deemed a contested 1979 canvas, owned by a retired school teacher in Sarnia, Ont., as an authentic Morrisseau.

In his statement of claim, McDermott said “the likely source” of his alleged fakes – two works from the 1970s and one from the 1960s, for which Toronto’s Maslak McLeod Gallery was paid a total of $15,500 in cash – was “a fraud ring operating out of Thunder Bay [and] run by an individual by the name of Gary Lamont who at various times has employed various forgers, including local artists Benjamin Morrisseau [son of Barney Morrisseau, a brother of Norval Morrisseau] and Timothy Tait [a First Nations artist]. {FALSE STATEMENT NOT PROVEN IN COURT OR ANYWHERE, INFLUENCED BY RITCHIE SINCLAIR}” The claim went on to allege that the “large numbers of fake … Morrisseau paintings” are then sold on the Web, by phone and in person to “various collectors, resellers, dealers and auction houses for resale. {FALSE STATEMENT NOT PROVEN IN COURT OF LAW OR ANYWHERE, SUPPORTED BY RITCHIE SINCLAIR, KINSMAN ROBINSON GALLERIES' DONALD ROBINSON, PAUL ROBINSON, JOHN MacGREGOR NEWMAN AND COGHLAN ART AND STUDIO GALLERY'S BRYANT ROSS}"

None of the allegations in the McDermott claim were tested or proven in court and will not be, at least for the time being, given the abandonment of the action. In the meantime, the alleged leader of the purported fraud ring, the 52-year-old Lamont, is currently facing 22 charges of assault, sexual assault, sexual exploitation, forcible confinement, assault with a weapon and uttering threats for actions allegedly perpetrated on several young males and at least one female in Thunder Bay and a nearby lake between 1996 and 2013. Ontario Provincial Police pressed the first set of charges, eight in total, in December last year {IRRELEVANT INFORMATION NOT CONNECTION WITH THE ISSUE OF NORVAL MORRISSEAU FORGERIES. MR. LAMONT HAVE BEEN INSTRUMENTAL IN NORVAL MORRISSEAU LIFE AS PROVEN IN A COURT CASE... SEE ZELINSKI, WHENT, PUSTINA V. THE QUEEN, (No. 92-424), WHERE HE WAS MEDIATOR BETWEEN NORVAL MORRISSEAU AND THE SAID PARTY OF LAWYERS (CLICK HERE; SEE PAGE 10). THESE PAINTINGS HAVE BEEN DONATES TO NUMBER OF IMPORTANT MUSEUMS ALL ACROSS CANADA, INCLUDING GLENBOW MUSEUM IN CALGARY, ALBERTA}.

Still active, meanwhile, is a suit filed in October, 2012, by Toronto musician Kevin Hearn (Barenaked Ladies, Lou Reed, Rheostatics). Hearn’s action, also represented by Sommer, alleges that Maslak McLeod Gallery sold him a Morrisseau painting in May, 2005, for $20,000 that Hearn later came to believe was “a fake or forgery.” Hearn, 45, seeking more than $90,000 from Maslak McLeod, said in his statement of claim that he began to question the authenticity of Spirit Energy of Mother Earth in 2010 after the Art Gallery of Ontario removed the canvas from a “celebrity” exhibition there. (Hearn is also a visual artist.) An AGO curator and “numerous individuals” suggested at the time that the painting was most likely “a fake.”

Maslak McLeod has vigorously denied the claim. In a statement of defence filed in February, 2013, McLeod lawyer Brian Shiller, who also defended the dealer in his joust with McDermott, asserted Spirit Energy of Mother Earth, dated 1974 on its back, is authentic Morrisseau and that no fraud, deceit or negligence was involved in its sale.

Sommer indicated this week that he intends to employ the “fraud ring {FALSE STATEMENT NOT PROVEN IN COURT OR ANYWHERE, INFLUENCED BY RITCHIE SINCLAIR}” scenario as the likely source of Spirit Energy of Mother Earth: “Those facts as they were presented in the McDermott claim, those are exactly the facts we’ll be proving or attempting to prove in the Hearn case. {FALSE STATEMENT NOT PROVEN IN COURT OR ANYWHERE, INFLUENCED BY RITCHIE SINCLAIR}” Court consideration of Hearn’s claim is not expected to occur until some time in 2015 at the earliest.

© Copyright 2014 The Globe and Mail Inc. All Rights Reserved.

James Adams


Source: 'The Globe and Mail': "Famed tenor drops suit alleging art dealer sold him fake Morrisseau paintings"

/This 'The Globe and Mail' article has been reposted as a matter of significant public interest/
 
-------------------------------------------------------------------------------- 
BLOG MASTER'S COMMENTS:

Unfortunately "The Globe and Mail" is making the mistake in misrepresenting to what really happened in this court case. They are using the information from statement of claim which have not been proven in court and which actually have been manipulation of Mr. Ritchie Sinclair in order to influence Mr. John McDermott's opinion. For detailed explanation please read material presented below...


Who is Mr. John McDermott ('Plaintiff') - a singer:

> Another art collector who falsely accused Mr. Joseph McLeod that his genuine Norval Morrisseau paintings, purchased from Maslak McLeod Gallery, were forgeries.

>>> Both, Mr. Hearn's and Mr. McDermott's opinions about autheniticity of their genuine Norval Morrisseau paintings came from no one else than Mr. Ritchie Sinclair of Toronto, Ontario - owner and operator of a notorious malicious website that claims that over 1,000 Morrisseau paintings - 99% of which he has never seen in person - are FORGERIES.

In one of his web posts, of October 23th, 2008, Mr. Sinclair candidly admitted as much, saying he was posting the images only “for inspiration and enjoyment.”

He stated further that, "With the exception of paintings that I witnessed painted or exhibited by Morrisseau I have no way of discerning whether the images shown here are all authentic Morrisseau originals." (click HERE).


"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." (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 16; "Hatfield vs. Artworld of Sherway" /Court File No. SC-09-087264-0000/)


Note: Mr. Ritchie Sinclair did not just label genuine Morrisseau paintings as forgeries... he had also labeled genuine Norval Morrisseau limited edition prints as "Inferior Prints" (click HERE).


ADDITIONAL IMPORTANT NOTE: Mr. Sinclair allegedly states that his website "brings the important issue of Morrisseau forgery proliferation into the public spotlight."

It is obvious that Mr. Sinclair is not interested at all in protecting his mentor's legacy as he continues to ignore the conclusive findings of the three top internationally recognized Forensic Document Examiners and Handwriting Experts from Ottawa, Toronto and Calgary (click HERE).

~ At least 40 paintings, certified by forensic science [2], continue to be maliciously labeled as FORGERIES on Mr. Sinclair's notorious malicious website... For .PDF screen grabs click 1. HERE, 2. HERE, 3. HERE, 4. HERE, 5. HERE, 6. HERE, 7. HERE, 8. HERE, 9. HERE, 10. HERE, 11. HERE, 12. HERE, 13. HERE, 14. HERE, 15. HERE, 16. HERE, 17. HERE, 18. HERE, 19. HERE, 20. HERE, 21. HERE, 22. HERE & 23. HERE.

[2] - 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). 

>> Other individuals, associated with Mr. Sinclair, who influenced Plaintiff's decision in HEARN vs. MASLAK McLEOD GALLERY were Mr. Mark Anthony Jacobson, artist from Vancouver BC and Mr. Bryant Ross, director of Coghlan Art Studio & Gallery in Aldergrove BC.

More information to follow...  


~ Both of the Plaintiffs, Mr. Kevin Hearn and Mr. John McDermott, sued Maslak McLeod Gallery for purchasing genuine Norval Morrisseau's artworks which they allege to be forgeries.

Their actions towards the most prominent expert in Norval Morrisseau's art, Mr. Joseph McLeod, could have been viewed as their (un)knowing and apparently misguided attempt to damage the Legacy of the Canadian National Treasure - Norval Morrisseau a.k.a. Copper Thunderbird.

They are surely musical celebrities known in Canada and internationally, but when it comes to their place in Canadian history they will always be remembered as uninformed, misguided and uneducated art collectors.
  

Who is Mr. Joseph McLeod ('Defendant'):



Joseph McLeod
> An art expert with a comprehensive knowledge of an artist's work who generated adequate consensus within the art community to establish the authenticity of Norval Morrisseau's works of art.

Mr. Joseph McLeod is widely regarded as one of the foremost experts in Canadian 'Woodland Art' and his Maslak McLeod Gallery has built an impressive reputation in the art world for more than 30 years.

He has been a qualified expert witness for the Crown in Federal Court with respect to Norval Morrisseau's art in a pivotal Tax Court of Canada case relevant to cultural property donation program [see Zelinski, Whent, Pustina v. The Queen, (No. 92-424)].

Recently, Mr. Joseph McLeod testified in a pivotal court case relevant to authenticity of Norval Morrisseau artworks [see Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway].

Mr. McLeod has also been called upon by numerous auction houses such as Sotheby's to help authenticate Norval Morrisseau artworks with his professional expertise.

Mr. McLeod was a member of Art Dealers Association of Canada (ADAC) and currently has a membership with The Canadian Association of Personal Property Appraisers (CPPA).  

>> Mr. Joseph McLeod has been instrumental in bringing Canadian Native Art to Germany, Italy, Brazil, Japan, China, France and Puerto Rico. 

 >>> Affiliations Curatorial and Appraisal Work of Joseph McLeod:

Art Dealers Association of Canada;
Canada Council for Aboriginal Buisness;
The Government of Canada;
Museum of Thunder Bay, Thunder Bay, Ontario CANADA;
Smithsonian National Museum of American Art, U.S.A.;
The Paul R. Macpherson Woodland Collection of Art,
McMaster University Museum, Hamilton, Ontario;

Sotheby's.com - Master Dealer;
Institute of American Indian Art, Santa Fe, New Mexico, U.S.A.;
The Pequot Museum, Conneticut, U.S.A.;
The Heard Museum, Pheonix, Arizona, U.S.A.;
Govenor's Gallery, Santa Fe, New Mexico, U.S.A.;
Volkunder Museum, Munich, GERMANY &
Exposicao de Arte Indigena, Belo Horizonte, BRAZIL.


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

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

“He demonstrated a superior depth of knowledge of Morrisseau…” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 25)


“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 (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." (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 16)



"Mr. Robinson (of Kinsman Robinson Galleries) 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. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)


"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 37)


"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)

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


Forensic Document Examinations have been deployed numerous times on various genuine Norval Morrisseau paintings. These artworks were successfully purchased at Randy Potter Estate Auctions and at other auction houses/commercial art galleries across Canada and around the world (click HERE).

These scientific findings have proven successful at determining authenticity of the artwork authored by Norval Morrisseau's hand against publicly known signatures by Norval Morrisseau and his letters of correspondence.

I am certain that these genuine Norval Morrisseau acrylic paintings on canvas will be authenticated by forensic science as well.

Forensic Document Examinations were conducted on paintings which were signed by the artist with a dry brush (DB) technique commonly found on the reverse of these genuine Norval Morrisseau artworks.

Many forensic reports and their conclusive findings have been presented on this platform. These reports were prepared by the three top internationally recognized Forensic Document Examiners and Handwriting Experts (click HERE).

NOTE: The first ever Forensic Document Examination analysis on Norval Morrisseau signature had been completed on January 24th, 2002 for Mr. Joseph McLeod of Maslak McLeod Gallery by Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' (click HERE).

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).

Ugo Matulić a.k.a. Spirit Walker




References: 
~ Online article full of false allegations by the plaintiff - written by James Adams: ‘Fraud ring’ produced fake Morrisseau paintings, claim alleges (Globe & Mail) &

~ Another Jonathan Sommer's court case (representing Mr. Kevin Hearn) which also came with false allegations about Mr. Joseph McLeod's integrity as a Norval Morrisseau expert: Maslak McLeod Gallery sued for selling a genuine Norval Morrisseau painting to Kevin Hearn - Band member of the Barenaked Ladies.


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


>>> Other References:
- Forensic Document Examination (Part I), - Experts in Norval Morrisseau's Art (Part I) /Ref.: Mr. Joseph McLeod/, - "Norval Morrisseau: The Development of the Woodland School of Art", 2002, - Genuine Morrisseau paintings: Appraised, Authenticated and Forensically Analyzed...,  - Norval Morrisseau authenticating his artworks, - Endorsement by Thunder Bay Art Gallery of genuine Morrisseau paintings from 1970's, - Authenticity Statement by Mr. Goyce Kakegamic, - Statutory Declaration by Mr. Robert Scott, - Statutory Declaration by Mr. Deiter John Voss, - 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),Ugo Matulic wins $1,000,000 SLAPP suit against Kinsman Robinson Galleries (Part I),
- 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) &
- Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway (Part IV)

3 comments:

Woodlands Willy said...

I am tired tire of the Morriseau fake battle. A lot of finger pointing yet where are the fakes???? They may exist-I feel it is just a lot of hoopla to control the market by greedy dealers. The sad part is that many of his works now sit in closets instead of on peoples walls.

Spirit Walker said...

>>>
~ Both of the Plaintiffs, Mr. Kevin Hearn and Mr. John McDermott, sued Maslak McLeod Gallery for purchasing genuine Norval Morrisseau's artworks which they allege to be forgeries.

Their actions towards the most prominent expert in Norval Morrisseau's art, Mr. Joseph McLeod, could have been viewed as their (un)knowing and apparently misguided attempt to damage the Legacy of the Canadian National Treasure - Norval Morrisseau a.k.a. Copper Thunderbird.

They are surely musical celebrities known in Canada and internationally, but when it comes to their place in Canadian history they will always be remembered as uninformed, misguided and uneducated art collectors.

Miigwetch / Hvala / Thank you,

Ugo Matulic a.k.a. Spirit Walker

Ross Zammit said...

I have read and studied all about Norval Morrisseau and all of this is cause some starving artist and galleries want to sell their works. If someone was going to produce fakes why would that someone make more evidence of work that Norval did not do by titling and signing the back. A faker would leave less evidence by just to sign the front only in native writing.