Saturday, March 10, 2018

Ninth Anniversary of a Michael Moniz's stunning victory against the biggest media giant in Canada (CTV Globemedia, currently Bell Media, Inc.)

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/Court File No. CV-12-455650/
Awaiting Justice Edward M. Morgan's Judgement...



Michael Moniz (September 11, 1965 - April 13, 2013)

































ABOUT MICHAEL MONIZ (1965-2013):

"He Humbled a Canadian Media Giant…
Exposed a Top Arts Journalist’s Professional Disgrace…

And saved a fine Morrisseau BDP* from the trash heap of history.

Alone against the “Establishment” this Canadian Morrisseau collector took on the biggest media giant in Canada (CTV Globemedia) and won a stunning moral, legal, and cultural victory, on March 10, 2009, on behalf of Canada, and all Canadians, and the artistic heritage of Norval Morrisseau.

The lonely battle he fought, at great personal expense, and distress, over two years, served to expose for all Canadians, how – from the very beginning - serial journalistic incompetence continues to be the main tool harnessed by those who attack the painting legacy of Norval Morrisseau, and in the process – together – grievously undermine and devalue the legitimate Aboriginal cultural heritage of Canada."


Source (text): theMorrisseauHoaxExposedBlog.com                   
"Great Canadian Cultural Heritage Hero #1" &
Moniz v CTVglobemedia              


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MICHAEL MONIZ SPEAKS FROM THE GRAVE:

Michael Moniz vs. CTV Globemedia Publishing Inc. /Court action CV-07-1776 SR/
























"Father and Son", 30"x30", © 1977 Norval Morrisseau
/Click on image to Enlarge/


This matter has been financially compensated between Michael Moniz (plaintiff) vs. (defendents) CTV Globemedia Publishing Inc. for damages rendered to the plaintiff. Action No. CV-07-1776 SR in the Ontario Superior Court of Justice in Brampton, Ontario NINE YEARS AGO TODAY (March 10th, 2009).

"I am very pleased about the POSITIVE compensatory outcome of this case in my favour. Now that it has been settled between myself and the CTV Globemedia Publishing Inc. I will sell the art of Norval Morrisseau with continued superior confidence to collectors World Wide."

Thank you,

Michael Moniz, March 10th, 2012"









This painting which was involved in court action Michael Moniz Vs CTV Globemedia Publishing Inc. CV-07-1776 SR come with professional appraisal work done by Mr. Joseph McLeod (1928-2017) of Maslak Mcleod Gallery in Toronto Ontario. Mr. McLeod was a member of the Art Dealers Association of Canada (ADAC); and at the time of his passing a member of The Canadian Association of Personal Property Appraisers (CPPA). Further forensic work was conducted and found proof positive for the signature painted in black paint with a DB technique by Mr. Brian Lindblom (retired, 2017) of 'The Document Examination Consultants Inc.' (click HERE for more information).

~ This genuine Norval Morrisseau painting was acquired by Mr. Michael Moniz (Brampton, Ontario) from Randy Potter Estate Auctions in Port Hope, Ontario.

~ For CV-07-1776 SR background history click HERE.










      





Ms. Carmen Robertson, who would consider this genuine Norval Morrisseau painting from Randy Potter Estate Auctions purchased by late Michael Moniz, appraised by late Joseph McLeod of Maslak McLeod Gallery and authenticated by Forensic science, to be "Attributed to Norval Morrisseau" (the FAKE)!


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Ms. CARMEN ROBERTSON WRITES:

Contrary to the factual, Ms. Carmen Robertson promoted the opposite in the 'University of Manitoba Press' publication, 2016:

"In early 2007 Val Ross of the Globe and Mail penned the story that uncovered how fake Morrisseau paintings were being sold online, and the paper printed a screen shot of a fake Morrisseau on eBay.ca site to prove it. Milrad called it a 'new wrinkle in an old scam,' explaining that the NMHS and Gabe Vadas had instigated litigation to ensure that eBay would not sell fakes in the future. This endeavour, however, according to the report, cost the estate about $70,000 a year. This was a start of a series of countless litigations over authenticity of Morrisseau paintings."


~ Dr. Carmen Robertson*, "MYTHOLOGIZING NORVAL MORRISSEAU," Page 171 [ISBN: 978-088755-810-8]

* Member of the defunct Norval Morrisseau Heritage Society (NMHS)


/An article from "The Globe&Mail" and image posted on eBay
in the bottom left corner - Click on image to enlage/



The following excerpts have been taken from the Globe and Mail article "Old art scam surfaces on-line" by Val Ross and shows Mr. Aaron Milrad's fraudulent manipulations of the media in order to misinform the public:

"Now they are showing up on eBay. "It's a new wrinkle on an old scam," says Toronto Lawyer Aaron Milrad who acts for the artist and the Norval Morrisseau Heritage Society...

But there is confusion over what is his best work, and indeed,what is his work at all. Morrisseau fell on hard times in the 1980's and could be seen on skid-row street corners in Vancouver, peddling paintings for the price of a bottle. Speculators bought them cheaply, without documentation, and attempted to donate them to public galleries for huge tax write-offs.

"Artists are entitled to do inferior works,"says Milrad. "The problem is the fakes." He's referring to works Morrisseau knows he did not create. Often drably coloured with wonky signatures, they've turned up for more than a decade at auction and in galleries. Vadas has more than 1,000 examples on file."

The above excerpts have been taken from the Globe and Mail article "Old art scam surfaces on-line" by Val Ross.

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NOTES: NMHS and Gabe Vadas never "instigated litigation to ensure that eBay would not sell alleged fakes in the future" as the same genuine Norval Morrisseau paintings that they call fakes continued to sell on eBay up to the present day [click HERE (2009), HERE (2010), HERE (2011),  HERE (2013), HERE (2014)...]

Also, Gabe Vadas was the one involved in the first ever litigation over the authenticity over Morrisseau paintings and not Mr. Michael Moniz. Mr. Vadas lost case with Mr. Joseph Otavnik of Oshawa, Ontario while Norval Morrisseau was still alive. 

'Otavnik Vs Vadas SC 07-51428-00' which was filed on April 16th, 2007 (more than six months prior Norval Morrisseau's passsing into the spirit world) even when Mr. Otavnik requested, via Gabor Vadas, for Norval Morrisseau to evaluate the paintings in question - requests ignored by Gabor Vadas!? The court case which Gabor Vadas lost and paid $11, 000 for damages to Joseph Otavnik.

Luckily for Dr. Carmen Robertson that Michael Moniz is not alive as he would have, as Mr. Joseph Otavnik did, seeked damages for Defamation under commons law and Slander of Title under the Ontario Libel and Slander Act R.S.O. 1990 c.12.


John Goldi of theMorrisseauHoaxExposedBlog.com








IMPORTANT NOTE: Carmen Robertson’s Research was just simply trusting the Canadian media…

… She has never researched details of the media statements and/or accusations AT ALL!


For sixteen years, starting with National Post’s article “Morrisseau Fakes Alleged,” Canadian media have been misinforming the public about prevalence of alleged Norval Morrisseau forgeries and in those sixteen years they have not succeeded to point out one case where it was proven that someone made, sold, distributed or even marketed one "fake" Norval Morrisseau painting.

Note: Currently Ms. Carmen Robertson is sued by Mr. Joseph Otavnik for calling genuine Norval Morrisseau Tunder Bay Art Gallery donations FAKES. 


For sixteen years they were not able to bring to justice a single forger of the Norval Morrisseau art but they sued via Kinsman Robinson Galleries a blogger who exposed them for their wrongdoings (myself, Ugo Matulic).

Canadian media did not write a single word about me being sued as it did not worked to their agenda of “bad news is a good news”… as in my opinion it would be great to write an article with title “A collector and blogger sued for $1 Million by a Norval Morrisseau principal dealer.” They feared that exposing me would expose them of wrongdoings as well.

I very successfully succeeded in defending this frivolous SLAPP suit and I will continue pursuing our mission of seeking justice for Norval Morrisseau and his art, which is a vital aspect of Canada’s heritage.

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"RED LAKE INCIDENT" - Norval Morrisseau Heritage Society Exposed

"Carmen Robertson calling genuine Morrisseau paintings at TBAG FAKES"

"Who is Carmen Robertson?" /WHO'S CALLING GENUINE MORRISSEAUS "FAKES"/

"Carmen Robertson sued for calling Morrisseau TBAG donations FAKES"

"Carmen Robertson Vs. Goyce Kakegamic"

"Norval Morrisseau Conspiracy and Mr. Greg Hill"



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BLOG MASTER'S COMMENT:

Failing to prove its false allegations, the Globe and Mail conceded and agreed to pay an out-of-court settlement to late Michael Moniz. In revenge, and in obvious shame, The Globe and Mail enforced a non-disclosure silencer on the successful plaintiff to cover up its journalistic incompetence and wrongful accusations.

Despite its violation of journalistic ethics with the non-disclosure clause forced on the plaintiff, for its part, The Globe and Mail took no steps to remove copies of the offending and defamatory article off the internet, where it remained in use for three years after the case was over, where continued to wrongly damage the heritage of Norval Morrisseau with its acknowledged false claims.

Shame on The Globe and Mail for using the power and wealth of its big corporation to cover up its sloppy journalism, and for failing to publish a retraction
* as prominent as its original defamatory article.


Click HERE for e-mail communication between Michael Moniz's and Globe and Mail's legal counsels regarding this newspaper article (also shown).

Also, click HERE to read this post with Mr. Moniz's 2008 commentary to Val Ross' defamatory article (2007).














* - Legal Counsel for Michael Moniz was Ethan Rogers of Rogers & Company Professional Corporation and Legal Counsel for Globe and Mail was Peter M. Jacobsen of Bersenas Jacobsen Chouest Thomson Blackburn LLP





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>>> The below presented material was originally published more than ten years ago (February 17th, 2008) which was unknowingly the day of Val Ross' passing. This court case which involved a geniune Norval Morrisseau's painting executed in the predominant 1970's style. This painting also came with a Forensic Report by Brian Lindblom, Forensic Document Examiner & Appraisal by Joseph McLeod (1928-2017) of Maslak McLeod Gallery who was as of February 12th, 2007 a member of Art Dealers Association of Canada (ADAC).

This newspaper article by Val Ross from the "Globe&Mail" newspaper: "Old art scam surfaces on-line; Buyers beware: Phony Norval Morrisseau paintings have been selling on eBay" comes with a commentary by Michael Moniz who passed away on April 13th, 2013.

IMPORTANT NOTES: This, damaging article for Norval Morrisseau Legacy, was available for years at online Steffich Fine Art Gallery at Salt Spring Island, BC. The same article was linked from Coghlan Art Gallery in Aldergrove, BC.

The printed version of this article was posted at Kinsman Robinson Galleries blog and it is still active today (click HERE; in this post KRG blog editors wrote with malicious intent that "February 14, 2007 edition of The Globe And Mail blew the whistle on fake Morrisseaus." KRG blog editors published this post less than a month prior to launching of $1,000,000 SLAPP suit against me - the case they LOST in April 2013.

~ Other individuals who also support this newspaper article are Ritchie Sinclair of Toronto, Ontario and Mark Anthony Jacobson of Vancouver, BC.
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Documentary evidence:
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"Father and Son", 30"x30", © 1977 Norval Morrisseau

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"Father and Son", 30"x30", © 1977 Norval Morrisseau

/Inscription on the reverse side of canvas/

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"Father and Son", 30"x30", © 1977 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/
 

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"Father and Son", 30"x30", © 1977 Norval Morrisseau /Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of February 12th, 2007 a member of Art Dealers Association of Canada (ADAC); currently a member of The Canadian association of Personal Property Appraisers (CPA) - Click on image to enlarge/

~ Previous owner of the above painting: Mr. Michael Moniz, Art Director for 'Avalon Treasure', eBay Vendor *avalon*.


Brian Lindblom

 
Along with professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod a member of ADAC & the Canadian Public Appraisers (see Exhibit No. 24 b). Further forensic work was conducted and found proof positive for the signature painted in black paint on the verso of 'FATHER AND SON' dated 1977 by Mr. Brian Lindblom of 'The Document Examination Consultants Inc.'

See Exhibits No. 10 & Exhibit No. 24 a ). - The 'Document Examination Consultants Inc.' are noted for their forensic expertise and called upon by various law enforcement agencies such as the RCMP to conduct forensic examinations to be used in a court of law. Go to "Personnel" section of their website to access PDF version of Mr. Brian Lindblom's CV.  This type of work is forensics at it's best and is quite costly to employ. This kind of examination was done under the eye of un-biased professional scrutiny.


The forensics work can only be conducted using many publicly known signature and writing sample specimens of Norval Morrisseua's signature as it is found on prints, personal letters and publicly known artwork created by Norval Morrisseau.

All specimens of writing archived by the examiners were used in determining the author of the signature and title painted on the verso of 'Father and Son' along with other paintings I own. Money well spent.

Randy Potter

A positive Identification of the signature was made and determined that it was done by the hand of 'Norval Morrisseau' Canadian Woodland Artist through a multiple point grade system.

The painting 'Father and Son' can be sourced back to Randy Potter Estate Auction house sold by Mr. Randy Potter (auctioneer) to Michael Moniz in early 2007 and sold afterwards on eBay.com to a collector in Toronto who will remain nameless to protect this individual's right to privacy.

Two paintings once owned by Mr. Joseph Otavnik were also examined by the document examiners and two other paintings I own as well (Sacred Medicine Bear, 1979 and Sacred Medicine Wheel, 1975). These four other paintings were found once again to have positive signature identifications authored by the brush of Norval Morrisseau.

Joseph Otavnik

Forensic work was also employed by Mr. Jim White who is an art dealer from Ontario on six paintings he had examined by the same forensic firm 'Document Examination Consultants Inc.' years ago. Mr. Joseph Otavnik and I have used the same firm for a forensic signature evaluation of the paintings from our collections. The six paintings owned by Mr. Jim White came back also with proof positive signatures painted on the verso of each piece authored by Norval Morrisseau.

James (Jim) White

All of these paintings including 'Father and Son' came from Randy Potter's auction house and through Mr. David Voss a Thunder Bay collector (see Exhibit No. 9). One can link themselves into Mr. Otavnik's case for an in depth exploration of this man's case of Otavnik vs Vadas SC 07-51428-00 (see Exhibit No. 24) and see for yourself the importance and power of forensic science.

The painting 'Father and Son' was pictured in the February 2007 Globe&Mail article "Old Art Scam surfaces on-line" by the late Val Ross (this post cannot be found online anymore because it has been deleted by the Globe&Mail's editors). The article's accusations were slanderous and damaging to say the least. The Val Ross article is full of lies and mis-information fed to Val Ross a reporter for the Globe&Mail by the individuals doing the speaking in the article. I need not have to repeat their names once again.

Norval Morrisseau has now been vindicated and victory has been won!

Justice has been found for Norval Morrisseau.

Indeed 'the Father has now found his Son'...

Thank you.

Michael Moniz -

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NOTES: Due in fact to individuals and galleries that were closely associated with the artist have been spreading false statements that paintings of a certain style were not done by Norval Morrisseau's hand. Particularly those from the 1970's such as "Father and Son" (1977) presented in this posting. I understand fully now that they are trying "to harness" the secondary market and litigation proceedings have begun with many involved against this small group of people spreading dis-information to the public.

By discrediting a large body of work by Norval Morrisseau shows us all a great disrespect to the artist and their actions will never be tolerated. By doing disservice to the most important Canadian painter; they have tried to harm the Norval Morrisseau Art Market and consequently his legacy and have failed in their actions. The painting(s) executed in the 1970's style and signed presented in these post(s) are authentic pieces of art authored by Norval Morrisseau and forensic science backs up this claim!


ADDENDUM:

>>> The following paintings were also part of the private collection of Mr. Michael Moniz, which were acquired from the Randy Potter Estate Auctions (see Exhibits: No. 4, No. 5, No. 8, No. 14, No. 15, No. 16, No. 18 , No. 19 & No. 20), appraised by Mr. Joseph McLeod of Maslak Mcleod Gallery (see Exhibits No. 24 & No. 26) and were all part of the 'Forensic Report' evaluated by Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' (see Exhibits No. 10 & No. 24).

a)

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Inscription on the reverse side of canvas - Click on image to enlarge/-

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/-

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/ -


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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of January 23rd, 2007 a member of Art Dealers Association of Canada (ADAC); currently a member of The Canadian association of Personal Property Appraisers (CPA) - Click on image to enlarge/


b)
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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau



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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/-


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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/
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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/

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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of January 23rd, 2007 a member of Art Dealers Association of Canada (ADAC); currently a member of The Canadian association of Personal Property Appraisers (CPA); Currently part of Ugo Matulić a.k.a. Spirit Walker's Private Collection (Calgary, Alberta). - Click on image to enlarge/ -
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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 about Mr. Joseph McLeod (1928-2017) 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)

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CLOSING 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 and view posted paintings above).





~ 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 ). ~ -

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