Monday, February 12, 2018

Hearn v. Maslak-McLeod Gallery Inc. on CanLII (Part I)


Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc.
/Court File No. CV-12-455650/
Awaiting Justice Edward M. Morgan's Judgement...




























"Spirit Energy of Mother Earth",  © 1974 Norval Morrisseau
~ Click HERE to view the inscription on canvas VERSO
Provenance: Purchased from Kahn Auctions in Pickering, Ontario; sold to Mr. Kevin Hearn by Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery (Toronto, Ontario) & exhibited at the Art Gallery of Ontario (AGO) on June 11th, 2010 (click HERE)


The following "Hearn v. Maslak-McLeod Gallery Inc." material has been presented on CanLII:


1. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 6711 (CanLII) — 2017-10-03
Cour supérieure de justice — Ontario
blog — paintings — famed-tenor-drops-suit-alleging-art-dealer-sold-him-a-fake-morrisseau —
proposed interveners — theglobeandmail

2. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7212 (CanLII) — 2017-12-01
Cour supérieure de justice — Ontario
email — link to s blog — spritzer — motion — defamatory

3. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7247 (CanLII) — 2017-12-04
Cour supérieure de justice — Ontario
paintings — will — intervene — undefended — authenticity

4. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7246 (CanLII) — 2017-12-04
Cour supérieure de justice — Ontario
filming — filmmaker — film — filmed — videotaping               
            
Superior Court of Justice — Ontario
paintings — expert — art — report — appraisal        
                 
6. Hearn v. Maslak-McLeod Gallery Inc., 2018 ONSC 962 (CanLII) — 2018-02-08
Cour supérieure de justice — Ontario
graphoanalysis — report — expert — handwriting — signatures


Source: https://www.canlii.org

About CanLII

CanLII is a non-profit organization that has been engaged by the law societies of Canada that are members of the Federation of Law Societies of Canada to establish, operate, maintain and provide to the law societies a website dedicated to providing continuous access to a virtual library of Canadian legal information. CanLII's goal is to make Canadian law accessible on the Internet.

The present website (http://canlii.org/) provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. Their other website, CanLII Connects, hosts a database of case commentary and case summaries which is contributed to, on a daily basis, by lawyers, scholars and others with professional competency in legal analysis.



~ In an important, directly related, "Norval Morrisseau Authenticity court judgement" Hatfield vs. Artworld of Sherway /Court File No. SC-09-087264-0000/ Judge Paul J. Martial stated the following:


“He (Joseph McLeod) 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)
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