Wednesday, May 16, 2018

Fifth Anniversary of Donald and Paul Robinson signing the Full and Final Release in a SLAPP suit KRG Vs. Ugo Matulic, where Plaintiffs maliciously accused blogger for defamation


Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/
/CASE WON BY THE DEFENDANT/

~ All individual posts from the NORVAL MORRISSEAU BLOG specified in KINSMAN ROBINSON GALLERIES' 'Statement of Claim' for this $1,000,000 SLAPP suit, against Blog Master UGO MATULICwill be presented separately in future posts...



Ugo Matulic in front of Kinsman Robinson Galleries, February 2013































> On December 23rd, 2010 Kinsman Robinson Galleries launched $1,000,000 SLAPP suit against me intended to interfere with my right to freedom of expression (see BELOW for my Statement of Defence).

"The court papers were served via e-mail."
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+ $50,000 later, the Plaintiffs signed the Full and Final Release on May 16th, 2013 dropping all charges against me as soon as the judgement by Judge Paul J. Martial in Hatfield vs. Artworld of Sherway was announced... contrary to what was stated for a reason on Kinsman Robinson Galleries' blog: "Our decision to agree to this settlement was made in order to end the ongoing distraction and cost of a complex litigation process." (click HERE or HERE). 

This means that I would be totally free to write as before, about Donald Robinson, Paul Robinson, John MacGregor Newman, and Kinsman Robinson Galleries, as their activities relate to the Hoax of the so-called “fakes” they allege.

"I was in the process of submitting a long list of documents they would be required to produce that they have hidden from public scrutiny for the past 13 years. And they knew that is what they would have to reveal. Also financial documents, which actually show their profits went up from the Hoax, and not down from my revelations."

For background information on this SLAPP suit by Kinsman Robinson Galleries and reasons behind it click HERE.

Anti-SLAPP law passed – Protection of Public Participation Act, 2015

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"Though Kinsman Robinson Galleries web blogs have personally accused Matulic of being an “ignorant Croatian,” Matulic is a shining example of how passionate new Canadians have immeasurably helped to enrich the cultural life of Canada." ~ John Goldi CSC

Source: http://themorrisseauhoaxexposedblog.com/

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"On the other hand, there are those dealers - including Joseph McLeod and collectors like Ugo Matulic and Joseph Otavnik - who believe that the issue of fakes is really a non-issue, a trumped-up conspiracy by Kinsman Robinson and Gabe Vadas to corner the market."

Armand Garnet Ruffo (NORVAL MORRISSEAU 'Man Changing into Thunderbird, 2014; Page 290)

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The Norval Morrisseau Heritage Society

"In 2005, two years before he died of Parkinson-related disease, the artist launched the Norval Morrisseau Heritage Society (NMHS) to compile a catalogue raisonné of his oeuvre. The Art Dealers Association of Canada backed the organization, acknowledging it as “the sole authority for the authentication of works by Norval Morrisseau” in 2007. But NMHS has been bitterly contested by others, including Morrisseau collector Ugo Matulić (a.k.a. Spirit Walker). He says the artist was far too affected by dementia at the time to be able to set up such a body."

Coline Milliard,

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>>> The Norval Morrisseau Blog is an educational initiative dedicated to the promotion of one of Canada’s most renowned Aboriginal artists and creation of a digital archive to honour the legacy of his life’s work.

We have published 2,400 posts, thousands of pictures, hundreds of documents (e.g. accredited professional Forensic Document Examiner's reports), related to the art of Norval Morrisseau, so that people around the world who regularly view our blog - museum curators, archivists, fine art collectors, academics, educators, and admirers of fine art - can have a better understanding and appreciation of the long career and singular achievements of this landmark Canadian artist, who was hailed as a “genius” at the very first exhibition he ever held at The Pollock Gallery in September 1962.

Norval was also the most prolific artist in world history, having produced well over 20,000 original artworks. We dedicate this blog to the loyal Norval Morrisseau collectors around the world who represent a legion of collectors outnumbering more than any other leading artist. We are thankful for the tremendous support our educational blog has garnered from countless Morrisseau fans around the world.

We will not be deterred from our single-minded effort to continue to publish the information of the artistic record of this great painter, and we will continue pursuing our mission of seeking justice for Norval Morrisseau and his art, which is a vital aspect of Canada’s heritage.


BLOG MASTER'S STATEMENT: 

"The Plaintiffs have actively and deliberately taken action to corner the market in paintings by Norval Morrisseau. They are using their own position, as a former Morrisseau dealer, to inflate the value of their own holdings of Norval Morrisseau's paintings, and deflate the value of paintings held by Matulic, other Morrisseau collectors and art galleries all across Canada, by falsely claiming that many genuine Morrisseaus are forgeries, especially those signed on the back by the artist in black paint using drybrush (DB) technique. However several of these paintings have been positively confirmed for the signature authenticity by three independent forensic document examiners from Ottawa, Toronto and Calgary."
(Statement of Defence, Sept. 21st, 2011; ¶ 4, Page 2)

"The Plaintiffs along with other individuals have attacked Matulic's personal and professional reputation in an attempt to devalue paintings from Matulic's personal collection calling them forgeries and abominations."
(Statement of Defence, Sept. 21st, 2011; ¶ 5, Page 2)

Donald Robinson
> On May 7th, 2008 KRG blog published a post under the title "Will the real SpiritWalker please stand up?" If you read the text under that heading and ignore the racist slant that is, in a sense disparaging to all Canadian immigrants, including the former Governor General of Canada, one would get a feeling that to appreciate Canadian native art a person has to be either a native Canadian or Canadian born. I have posted my reply to their racial profiling almost a year later on April 24th, 2009 with a post "The Real Spirit Walker is standing up!"...

As per December 31st, 2010 post by KRG blog at http://genuinemorrisseau.blogspot.com/ it is stated that allegations presented on the NORVAL MORRISSEAU BLOG referring to Kinsman Robinson Galleries "are unfair and false, offensive, mean-spirited"  and "were published either with the knowledge that they were false, or with conscious disregard for the truth." (click HERE) This post has been since deleted by KRG blog editors.

Because of that they sued me for $500,000.00 for libel in respect of the alleged defamatory words posted on my blog at http://norvalmorrisseau.blogspot.com/. Also, for punitive, aggravated, special and exemplary damages in the amount of $500,000.00. 

It is also important to note that the Plaintiffs never sued any originators of the alleged libelous statements, to whom I had linked. It was obvious that their action was intended to interfere with my right to freedom of expression. They intended to keep me quiet (they have never sued an alleged forger or distributor of forgers. Nor did they sue or return paintings to Randy Potter (1959-2018) of Randy Potter Estate Auction of Port Hope, Ontario).

















"Warriors in Circle of Life," acrylic on canvas, 34" x 32",
© 1974 Norval Morrisseau /Click on image to Enlarge/ 

PROVENANCE: Acquired by Mr. David Voss of Thunder Bay, Ontario who supplied it to Mr. Randy Potter of Kahn Auctions, Pickering, Ontario. It was purchased on September 29th, 1999 by
Mr. Donald Robinson of Kinsman Robinson Galleries (KRG).

/Click on image to Enlarge/

~ This painting, was sold to Ms. Jane Brown (Battye) on March 11, 2000 by Mr. Paul Robinson of Kinsman Robinson Galleries, Toronto Ontario. Also, this painting has been authenticated by Forensic science in September 2017 (click HERE).


-In July 2011 my legal counsel requested the Plaintiffs to provide particulars of the precise Defamatory Words for each individual Blog post and the meaning ascribed to them that the Plaintiffs allege were false and maliciously published or republished as articles on the “Norval Morrisseau Blog” on the dates listed in their Statement of Claim.

In August 2011 legal counsel for the Plaintiffs (Mr. Eric N. Hoffstein) responded that "these particulars were not necessary for pleading and are more properly the subject of discovery." Mr. Hoffstein also stated that "the particulars of the damages suffered by the Plaintiff  will be provided during the discovery process." Then at a later date they tried to skip the discovery process by proposing the mandatory mediation. I strongly objected their proposal and advised my lawyer to go for the discovery first where I would demand from the Plaintiffs all documents which they have hidden from the public since 2001.

Also, it is important to note that the Plaintiffs offered to settle twice over the course of two years and even during lunch break, in the midst of the first day of Discovery, outside of the deposition room. On all three occasions I totally and utterly refused to settle out-of-court with the Plaintiffs...


> Kinsman Robinson Galleries originally demanded that I do not publish any negative comments in any form about Donald Robinson, Paul Robinson or Kinsman Robinson Galleries or any of its principals or employees. In one of their offers to settle they even asked for me to pay for their legal costs with a very strange request. They were prepared to consider alternate payment arrangements, which might include accepting artwork instead of cash. If I preferred I could have paid them with art from my collection and they were "prepared to accept a risk of selling such art".

This is strange as they were in full support of Mr. Ritchie Sinclair who claims that I am "a spokesperson for a forgery ring" and that I personally own "hundreds of fake Norval Morrisseau paintings" (click HERE and/or HERE). Mr. Sinclair is an operator of a malicious and defamatory website WWW.MORRISSEAU.COM that claims that over 1,000 Morrisseau paintings - 99% of which he has never seen in person - are forgeries.

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© Photography by Webster Galleries Inc.
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Left: "Legendary Omish-Shoo's", ink/acrylic on paper, 15"x20", © 1971 Norval Morrisseau - acquired by Kinsman Robinson Galleries, Toronto, Ontario from a Private Collection of Mr. Terry Hlady, Calgary, Alberta - originally offered for sale through Webster Galleries Inc., Calgary, Alberta;

Right: "Ancestral Spirits", acrylic on canvas, 36"x48", © 1989 Norval Morrisseau. This painting is from a Private Collection of Ugo Matulić a.k.a. Spirit Walker (Calgary, Alberta). It was acquired directly from the artist by Mr. Gary Lamont a.k.a Gary Bruce Thacky (Thunder Bay, Ontario) in 1989; Currently on display at Webster Galleries Inc., Calgary, Alberta. /Click on image to Enlarge/

NOTE: THE ONLY documents Plaintiffs submitted for Discovery were the posts listed in their STATEMENT OF CLAIM (see below under "ADDITIONAL INFORMATION") and correspondence with two of their clients including an e-mail from Mr. James Schuster and two e-mails from Mr. Edward Morrasut who expressed interest in purchasing the painting above "Legendary Omish-Shoo's", which was offered to him for $10,000 by Kinsman Robinson Galleries).

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Also, Mr. Sinclair promoted paintings offered for sale by Kinsman Robinson Galleries in 2010 while labeling authentic Norval Morrisseau paintings as fakes or forgeries offered for sale at the same time in Webster Galleries, Calgary, Alberta (see images above or click HERE & HERE). 

The same Mr. Sinclair for whom Mr. Donald Robinson stated the following: "I would like to recognize Ritchie Sinclair for his efforts to identify Norval’s true artistic legacy." /"EXPERT REPORT" ; September 10th, 2009; Page 74/.


Image/Text: Courtesy of http://themorrisseauhoaxexposedblog.com/