Will Justice Prevail?

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

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"Ancestral Spirit with Evil Serpent," © 1977 Norval Morrisseau

  
• How is it possible for the above painting titled "Ancestral Spirit with Evil Serpent" supposedly labeled fake by Norval Morrisseau in May 2001 in the National Post's "Morrisseau fakes alleged" to be excluded from the 'fakes and imitations' list of the Norval Morrisseau's sworn affidavit only two years later? (click HERE & HERE)


BLOG MASTER'S COMMENT:

After seventeen years since National Post article: "Morrisseau fakes alleged" /National Post, May 18th, 2001/, after three years of investigation by Royal Canadian Mounted Police and Thunder Bay Police Service and after six court cases over the period of ten 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,
5.1 - Hatfield  vs. Child SC-09-087264-0000 &
6.1.- Kinsman Robinson Galleries vs. Ugo Matulic CV-10-417123.



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

"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.

(Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

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