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 MATULIC, will 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/ 











































It is worth noting that the Plaintiffs and Mr. Ritchie Sinclair showed disrespectful behaviour towards some of the Woodland painters... specifically 'attacking' the artistic integrity of the prominent Anishinaabe painter Mr. Don Ningewance. Mr. Sinclair even lebeled Mr. Don Ningewance as a Norval Morrisseau Art Forger (click HERE for more info).  

~ Click HERE & HERE to read summary reports of two court cases directly involving Mr. Donald Robinson (the Plaintiff) and Mr. Ritchie Sinclair (Ref. Otavnik vs. Sinclair & Hatfield vs. Artworld of Sherway). Both, Mr. Donald Robinson and Mr. Ritchie Sinclair, together with Mr. Robinson's "Expert Report", were discredited by the recent court ruling of April 2nd, 2013.

As per the suggestion of my legal counsel (Mr. Antonin I. Pribetic) I was advised that when the case goes for trial that I would not be able to retrieve more than 50% of the legal costs. The only way I could get approximately 75% of the costs back would be if I offer to settle without cost. 

As I was confident I would win I instructed my legal counsel to file an offer to settle as he did on June 22nd, 2012. The offer was accepted by the plaintiffs on April 9th, 2013, only a week after a court judgement by  Judge Paul J. Martial in Hatfield vs. Artworld of Sherway /Court File No. SC-09-087264-0000/. In this judgement Mr. Donald Robinson was discredited by the judge on all counts (click HERE).

Right after the release of the Hatfield judgment, KRG's legal counsel told my lawyer they would accept my offer of June 22nd, 2012. But then they dawdled and dawdled, obviously trying to delay, perhaps indefinitely, until I instructed my lawyer in mid May 2013 to demand definite information. He would have filed to have their acceptance of the offer enforced by the courts, which would have involved considerable cost to them (my costs as well as theirs). Then they signed (click HERE).

Paul Robinson
> I was amazed and disturbed to find out that neither Paul nor Donald Robinson chose to appear and face me on the first day of Discovery?

"When I was told that Donald Robinson’s son Paul would appear on Donald Robinson’s behalf, on the Plaintiff’s Discovery day, “due to (Donald Robinson’s) health issues and lack of preparation,” I aborted, demanding that Donald Robinson had to appear. I demanded Discovery be held in May, and with Donald Robinson in attendance.

I attended the Discovery on February 27th, 2013. I had to come from Calgary, which was costly, including my lost wages, and the  cost of the flight and accommodation. I  was questioned for seven hours by the Plaintiffs' legal counsel, Ms. Chloe Snider (the Plaintiffs were not in attendance?).

I revealed that I had thorough and complete backup to all my allegations with very good documents. Ms. Snider announced that she was not going to produce Mr. Donald Robinson to be questioned the following day...


In any event, the Plaintiffs signed the Full and Final Release dropping all charges against me as soon as the judgement by Judge Paul J. Martial in Hatfield vs. Artworld of Sherway was announced.

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 last 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.

"Matulic commenced his Blog almost four years ago following false statements made publicly by the Plaintiffs and other individuals who were closely associated with the Plaintiffs regarding the authenticity of many Norval Morrisseau's paintings which these individuals called 'questionable', 'fakes', 'forgeries', 'abominations' and other defamatory attributes. Matulic felt the need to create a platform that would speak for Norval Morrisseau when this privilege to speak for himself was put in the hands of others who were only interested in their personal financial gain all the while putting the Legacy of Norval Morrisseau aside."
(Statement of Defence, Sept. 21st, 2011; ¶ 10, Page 4)

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.

Thank you/Hvala/Miigwetch,

ugo.matulic@norvalmorrisseau.com

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Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
SLAPP SUIT WON BY THE DEFENDANT !
>>> To learn more about this lawsuit and reasons behind it, I strongly recommend reading this STATEMENT OF DEFENCE And click HERE for the Blog Master's Public Address... 


Court File No. CV-10-417123

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

TELE-CONNECT PUBLICATIONS LTD. C.O.B KINSMAN ROBINSON GALLERIES, DONALD ROBINSON AND PAUL ROBINSON

Plaintiff

and

UGO MATULIC

Defendant


STATEMENT OF DEFENCE

1.   Except as hereinafter specifically admitted, the Defendant, Ugo Matulic ("Matulic"), deny the allegations contained in paragraphs 5 to 16 of the Amended Statement of Claim ("ASOC") and denies that the Plaintiff is entitled to any of the relief claimed in paragraph 1 therein.

BACKGROUND

2.   Ugo Matulic ("Matulic") is the owner and author the Norval Morrisseau Blog located at http://norvalmorrisseau.blogspot.com/. He is also the owner of many pieces of original Norval Morrisseau artwork, acquired from reliable sources and sources with direct connections to the artist, that Matulic has collected over a decade. As stated in the banner on the Norval Morrisseau Blog:

"This Blog is posted in honour of the Spirit of Norval Morrisseau a.k.a. Copper Thunderbird - Grand Shaman of the Ojibway. Also, this is the first and the only Blog incepted during Norval Morrisseau's lifetime. It is dedicated entirely to the preservation of his artistic legacy along with the living presence of the Ojibway peoples on the North American continent."

3.   Since Matulic created his blog, the plaintiffs have been provoking and disparaging a very large number of pieces of Norval Morrisseau artwork not sold through or by the Kinsman Robinson Gallery, in a concerted effort to corner the public market in Norval Morrisseau's artwork owned by Matulic and others. The plaintiffs' smear campaign is directed in devaluing and stigmatizing the authentic artwork of the late Norval Morrisseau who passed away in 2007.

4.   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.

5.   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.

6.   The Plaintiff, Kinsman Robinson Galleries, previously owned and used the domain name www.norvalmorrisseau.com. However, they did not pay the necessary domain name registration renewal fees and it was placed on the open market and Matulic purchased the domain name. Since then, Matulic has used the domain name and blog to honour the late great Canadian painter Norval Morrisseau. The plaintiffs have on several occasions tried to intimidate him and to portray him in negative light, thereby allowing other individuals to launch a number of character defamation attacks on him on the internet and other forms of media.

7.   All of the blog postings written by Matulic contain statements that are factually accurate or contain statements of opinion based upon accurate facts.

THE ACTION IS STATUTE BARRED

8.   The Plaintiffs failed to give written notice to Matulic of the alleged defamation within six weeks of the Postings coming to the Plaintiffs attention contrary to the requirements of s. 5 (1) of the Libel and Slander Act (the "Act") R.S.O. 1990, c. L.12. Furthermore, the Plaintiffs failed to commence this action within three months of the postings coming to their attention contrary to the requirements of s. 6 of the Act. This action is therefore statute-barred.

9.   In the alternative, Matulic pleads that the alleged defamatory statements, which are not admitted to be defamatory, but specifically are denied as such, were published on dates ranging from 2008 through to the present. However, the plaintiffs only commenced this action 3 years following the initial defamatory post as alleged in paragraph 5 of the ASOC. By a Response to a Demand for Particulars dated August 31, 2011, the Plaintiffs admitted that they each became aware of Matulic's blog posts within a month of the publication on the internet. Accordingly, Matulic pleads that the plaintiffs' action is time-barred and pleads and relies upon section 4 of the Limitations Act, 2002, S.O. 2002, c. 24, Schedule B.

10.   Matulic commenced his Blog almost four years ago following false statements made publicly by the Plaintiffs and other individuals who were closely associated with the Plaintiffs regarding the authenticity of many Norval Morrisseau's paintings which these individuals called 'questionable', 'fakes', 'forgeries', 'abominations' and other defamatory attributes. Matulic felt the need to create a platform that would speak for Norval Morrisseau when this privilege to speak for himself was put in the hands of others who were only interested in their personal financial gain all the while putting the Legacy of Norval Morrisseau aside.

11.   With respect to paragraph 9 of the ASOC, Matulic denies the allegations therein and put the Plaintiffs to the strict proof thereof. Matulic was only served with two Notices of Libel: the first being the Notice of Libel dated December 23, 2010 and the second being the Notice of Libel dated January 6, 2011. The Notice of Libel dated November 19, 2010 was received via e-mail by Plaintiffs' Lawyer on March 11, 2011 (the first time Matulic had received or seen the November 19, 2010 Notice Of Libel. The March 11,2011 letter from counsel for KRG stated the following:

"We have attempted, unsuccessfully, to serve you personally with our client's Statement of Claim which was recently issued in the Ontario Superior Court of Justice. We have also sent you, over the past few months, various Notices of Libel, some of which have been returned to us. It appears as though you have received some, but not all, of our correspondence despite each of these documents being sent to the same address."

QUALIFIED PRIVILEGE

12.   Further, and in the alternative, the postings by Matulic were published in good faith and without malice on an occasion of qualified privilege, particulars of which occasion are as follows:

       (a) Matulic's Blog constituted a forum for fellow art enthusiasts, Norval Morrisseau supporters and others interested in his artwork to communicate with one another on those subjects.

       (b) Matulic had an interest or duty- legal, social or moral - to communicate the postings complained of in the ASOC to other persons accessing Matulic's Blog.

       (c) Other persons accessing Matulic's Blog had a corresponding duty or interest to receive the communications in the postings.

       (d) Matulic's Blog expressly invited comments from the Plaintiffs and other persons accessing his Blog.

FAIR COMMENT

13.   Further and in the alternative, the words complained of in the postings constitute fair comment by Matulic, on matters of public interest, based on the substantially true facts as set out this Statement of Defence ("SOD"). Matulic expressed those opinions in good faith and without malice.

PUBLIC INTEREST RESPONSIBLE COMMUNICATION

14.   Further and in the alternative, the postings constituted communications on matters of public interest and Matulic was diligent in trying to verify the statements made in the postings have regard to all relevant circumstances.

CHARTER IMMUNITY

15.   Freedom of expression is guaranteed by s. 2 (b) of the Canadian Charter of Rights and Freedoms (the "Charter"). It is essential to the proper functioning of the institutions of a democratic form of governance, including the institutions of the courts, the judiciary and an independent professional bar. The law should encourage and permit freewheeling debate in good faith on matters of public interest. The law should not be used to thwart such freewheeling debate by an overtly solicitous attempt to protect a private corporation such as one owned by the plaintiffs. The Matulic postings at issue in this action, demonstrate the vital importance of such a free-wheeling debate. In the particular circumstances of this case, the postings should benefit from constitutional immunity.

16.   The Plaintiffs have been associated with individuals who have been devaluating paintings from Matulic's personal collection calling them forgeries and abominations.

17.   The Plaintiffs were also involved in selling assisted artwork(s) without disclosing full history of the authorship of the said artwork(s) as to be fully painted by the artist.

18.   There are more than 40 galleries and various auction houses and museums across North America which have exhibited authentic Norval Morrisseau's artwork which the Plaintiffs consider fakes and they are in support of individuals who collectively deflated the value of paintings held by Matulic and other Norval Morrisseau collectors all across Canada, by falsely claiming that many genuine Norval Morrisseau's are fakes. [1]

[1] See http://norvalmorrisseau.blogspot.com/2011/07/morrisseaus-artwork-in-auction-houses.html

19.   The Plaintiffs' concerted campaign of online terror in the form of libel chill is a transparent attempt to monopolize the privileged sale of the Norval Morrisseau's artwork and to silence any of their critics.

20.   It is not Matulic's fault that his opinion of the Plaintiffs' actions has brought unwanted publicity, public hatred, ridicule and contempt by supporters of Norval Morrisseau. The Plaintiffs' actions have significantly devalued the art of great artist Norval Morrisseau.

21.   Contrary to the Plaintiffs' assertions, Mr. Joseph McLeod of Maslak McLeod Gallery, the other most prominent expert in Norval Morrisseau's art considers the paintings in question to be authentic.

NO DAMAGES

22.   Matulic denies that the Plaintiffs have suffered damages as alleged in the ASOC paragraphs 14 and 15 or at all as a result of the postings and puts the Plaintiffs to the strict proof of their allegations concerning damages.

DAMAGES IF ANY DUE TO ACTS AND OMISSIONS OF PLAINTIFFS

23.   If the Plaintiffs suffered any damages, which is not admitted but expressly denied, they are attributed to the acts and omissions of the Plaintiffs which failed to notify Matulic that is considered the postings to be defamatory. In this regard, Matulic also relies on the particulars of the Plaintiffs conduct provided in this SOD and the following additional facts:

       (a) The Plaintiffs did not at any time make any attempt to contact Matulic through the private messaging system, which was available at all times through his blog at http://norvalmorrisseau.blogspot.com/,
or in any other reasonable manner before the commencement of this litigation to notify Matulic of the Plaintiffs' complaint about the postings.

       (b) The Plaintiffs were aware of Matulic's Blog since its inception in November 2007.

NO BASIS FOR AGGRAVATED OR PUNITIVE DAMAGES

24.   Matulic specifically denies the allegation in the ASOC paragraph 5 that he was actuated by bad faith in "publishing/broadcasting" the words complained of in the ASOC subparagraph 5. Matulic honestly believed his words to be true and posted them in good faith and without malice and without gross negligence.

25.   The ASOC does not allege any material facts which would justify this Court in awarding either aggravated or punitive damages. In any event, the circumstances of this case do not warrant an award of either aggravated or punitive damages against Matulic.

26.   Further, and in the alternative, as a matter of law, a corporate plaintiff is not entitled to recover aggravated damages.

PLAINTIFFS FAILED TO MITIGATE DAMAGES

27.   The Plaintiffs made no attempt to notify Matulic in a timely way that the postings were considered by the Plaintiffs to be defamatory. Nor did the Plaintiffs ask Matulic to remove or modify the postings. No request was made for an apology.

THE ACTION AGAINST MATULIC IS AN ABUSE OF PROCESS

28.   Matulic therefore submits that this action constitutes an abuse of process and has been commenced with the vexatious attempt to deter Matulic from expressing his opinions, and as such, this is a strategic lawsuit against public participation intended to interfere with Matulic's right to freedom of expression.

29.   Matulic pleads and relies on sections 5,6,10,23 and 24 of the Libel and Slander Act and sections 1 and 2 (b) of the Charter.

RELIEF SOUGHT

30.   The Defendant, Ugo Matulic, asks that this action be dismissed with costs on a substantial-indemnity basis.

September 21,2011


STEINBERG MORTON HOPE & ISRAEL LLP
Barristers & Solicitors
5255 Yonge Street, Suite 1100
Toronto ON M2N6P4

Antonin I. Pribetic (34843S)

Tel: 416-225-2777416-225-2777
Fax: 416-225-7112

Lawyers for the Defendant


Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
SLAPP SUIT WON BY THE DEFENDANT !
>>> To learn more about this lawsuit and reasons behind it, I strongly recommend reading the STATEMENT OF DEFENCE presented ABOVE and click HERE for the Blog Master's Public Address... 
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IMPORTANT CLOSING NOTE:

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.  

>>> Reference posts: 

 ~ 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).

* - Both, Donald Robinson of Kinsman Robinson Galleries and his associate Ritchie Sinclair were discredited in this pivotal court case relevant to authenticity of Norval Morrisseau artworks (click HERE).

>>> Reference posts:
- Chill & Kill /Courtesy of http://themorrisseauhoaxexposedblog.com/,
- Norval Morrisseau Conspiracy & Art Market Competition,
- Ugo Matulic wins $1,000,000 SLAPP suit against Kinsman Robinson Galleries (Part I), - THREAT OF LAWSUITS TRIGGERS BELATED CTV VIDEO & - "Famed tenor drops suit alleging art dealer sold him fake Morrisseau paintings" by James Adams.
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