Monday, May 7, 2018

Tenth Anniversary of Kinsman Robinson Galleries' racist comment about blogger Ugo Matulic on their corporate blog, his response to their provocation, and $1 Million SLAPP suit which followed...

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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 BELOW and click HERE for the Blog Master's Public Address... 

Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/



Ugo Matulic in front of Kinsman Robinson Galleries, February 2013
Image: Courtesy of http://themorrisseauhoaxexposedblog.com/ 

The following copyrighted section is an excerpt taken from, “theMorrisseauHoaxExposedBlog.com,” and used with permission from the author John Goldi CSC.

"KRG SLAPP Suit Target Ugo Matulic of Calgary, Alberta, celebrates his total judicial triumph (May, 2013) and vindication, outside Toronto’s Kinsman Robinson Galleries, whose principals sued him for One Million Dollars for “defamation” in 2010. Ugo is famous in Canadian history as the first person ever taken to court by the Morrisseau Conspiracy Theorists. Though they have had 13 years to take “thousands of forgeries and umpteen forgers” to court they have never done it, even once, knowing full well they have no believable evidence, of any kind, that will hold up in any court. Instead the Principal Conspiracy Theorist, the Junior Morrisseau Conspiracy Theorist, who work inside this gallery – alongside the Principal Blogging Conspiracy Theorist – have targeted Morrisseau researchers and investigative journalists, to try to shut them up, and stop them from exposing what has been called “the greatest fraud in Canadian art history.” Matulic has amassed what can only be called a stunning collection of compromising documentary evidence that catalogues (my call) the history of the biggest hoax, as well as the biggest act of cultural genocide, in Canadian history. AFTER THIS PICTURE WAS TAKEN MATULIC WENT INSIDE... TOURED THE GALLERY, CHATTING AND SHAKING HANDS WITH JOHN MACGREGOR NEWMAN, THE ASSOCIATE DIRECTOR OF THE GALLERY. No one recognized the man they had been attacking and defaming for years on the KRG corporate blog, and against whom they had launched a totally specious million dollar SLAPP suit."

~ Source: http://themorrisseauhoaxexposedblog.com/















~ The following is the post which had been trasferred from the KINSMAN ROBINSON GALLERIES blog ~
/Used without permission/
Originally published on 05/07/2008

Since you asked: Who is blogger Spirit Walker?

Here's a brief Q& A:

How long has he admired the artist?

Over many years though he started his blog mid-November last year. He came to our attention when he first approached KRG seeking advice as a fledgling collector a number of years ago.

Is he of Native descent?

Nope—though he would probably prefer that you were left with that impression—Eastern European, Croatian to be exact. He arrived in North America as an adult.

Has he ever had any connection to Norval Morrisseau?

Nope, no direct contact with the artist that we've ever heard about.

Does he work in the Arts, as his profile indicates?

Nope, he's an engineer. (Once indicated before he changed his profile.) There is a Native American performer named SpiritWalker who resides in New Mexico (thespiritwalker.com), but he's not the one commenting on Morrisseau.

So where does this "Spirit Walker" get his expertise?

Damned if I know. Norval attracted many admirers during his lifetime; it seems no different in death. (Blog Master: Mozete li podnositi istinu?)*

* - (Blog Master: Mozete li podnositi istinu?) - it should be written in Croatian language as "Blog Master: Možete li podnijeti istinu?" /English translation: "Blog Master: Can you handle the truth?"/


~ As of May 10th, 2009 this post does not exist anymore due to its deletion by the KRG blog editors and on June 26, 2009 the blog has been deleted by the Kinsman Robinson Galleries. As of 08/06/2009 the blog has been reinstated but this time open to invited readers only!? (click HERE to view screen capture of the original post with all pertaining comments)

 Click HERE to vie this post when it was originally published with all pertaining comments.

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~ The following is the Ugo Matulic's response to the KINSMAN ROBINSON GALLERIES' provocation ~
Originally published on 04/24/2009


















From left to right: Ugo Matulić a.k.a. Spirit Walker with his brother Jakša after the screening of one of the "Winnetou" films; Omiš, Croatia - July 1966
~ Source: An Unofficial Website of Omiš, Croatia at www.almissa.com
/Click on image to Enlarge/


It is encouraging to see that some positive action is finally being taken to solve the 'induced' counterfeit scare that this blog has attempted to bring into proper perspective. This has been the concern of many collectors, including myself, who invested in Norval Morriseau paintings over the years. If you count the number of comments the NORVAL MORRISSEAU BLOG received and reviewed on this subject since its inception (note date), you will see this blog concentrated only on the research and educational approach to this exaggerated problem. But before a final solution can be reached about this controversy/conspiracy, that has been pushed to the forefront on some blogs, those concerned have to identify the problem before a solution can be found. This requires a team effort and not an attempt to monopolize the Norval Morrisseau market as appears to be the primary aim of some major players.

So let's start with the Wednesday, May 7, 2008 Kinsman Robinson Galleries' blog* comment under the title "Will the real Spirit Walker please stand up? (click HERE to view screen capture of the original post with all pertaining comments)." 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 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. Since Spirit Walker doesn't have to qualify by birth to run for the highest government office, or enjoy art in Canada, I found the pointed remarks in the KRG blog of May 7, 2008 disgusting and 'racist' in the true meaning of the words. I could expand at length of how surprised I was to read this 'expose' of Spirit Walker and could only assume that KRG were primarily interested seeking a Norval Morrisseau art monopoly even if it meant destroying another blog. Also one that would go to any length to eliminate any opinion that might differ from theirs about what is an authentic Norval Morrisseau art.

Yes! I was foreign born. In Croatia to be exact. But as a child I saw, and continue to see, the Indians of North America as members of an outstanding race. My favourite childhood memory was the time when 'spagetti western' movies were filmed in Croatia (then part of Yugoslavia) and as a memento from that time were countless memories and a photograph presented above. When I emigrated to Canada my aim was to become a true Canadian and contribute to the advancement of this outstanding country. I also wanted to advance the cause of the First Nations Citizens. The best way I could do this appeared through advancing the cause of native art. Researching the background of native artists and their lives has shown the adversity these artists had to overcome to become recognized. Some wonderful people emerged through this research, as did the hardships the art goddess imposed on many of these talented artists.

I could go on and on about the sniping that emanated from KRG and associated blogs. The insidious manner in the way this was done was sad because it used a combination of rumours, misinformation and lackeys to achieve this end . Typical of the latter was the Richie 'Stardreamer' Sinclair's effort. All friendship at first and then an 'expose' based on misinformation. Then the filthy language comments from another claimed 'apprentice' from the West Coast that I couldn't print. But at least it didn't have a racist slant. Now KRG is introducing a questionable confession by Christian Morrisseau indicating how his father signed false Certificates of Authenticity (click HERE to view screen capture of the original post with all pertaining comments). How a son can accuse his father of a criminal act when he isn't alive to defend himself? Is it a ploy of desperation on the part of KRG... must add, 'and associates' to ensure there is a discrediting conspiracy?
...

Back to the lead in quote, "The real Spirit Walker is standing up", I was surprised, and gratified, when an old and long time friend of Norval Morrisseau emailed me to apologize for the May 7, 2008 'expose' on the KRG's blog. He indicated that he didn't agree with everything that I printed, and was shocked at the KRG's racist comment. He felt KRG didn't mean to be racist and were likely carried away with whatever triggered their 'expose'. He went a step further to indicate that there were a lot of people following the NORVAL MORRISSEAU BLOG and learning a lot about native art and history from it. He also praised some of the people that helped Norval Morriseau during his lifetime, indicating that Gabor and Michele Vadas hadn't received the credit due for helping to extend his artistic life at least 20 years beyond general expectations. I didn't fully agree with him on that comment but will post it anyway. So there you have my latest feeling and fear that there is something going on to exclude everyone from the Morrisseau heritage canvas except a certain Principal Morrisseau Dealer.

Meegwetch,

Spirit Walker
/spiritwalker2008@gmail.com/


Note: Information about Norval Morrisseau Heritage Society (NMHS) has been omitted from the above text. For update of who is NMHS and if they are to be trusted visit recently presented post on this platform titled: "Fifth Anniversary of the Forensic Report which irreperably destroyed credibility of the Norval Morrisseau Heritage Society (NMHS)"

* - Genuine Morrisseau from KRG blog is an official blog of the Kinsman Robinson Galleries /Principal Morrisseau dealer - Representing Norval Morrisseau (1932-2007) and his artwork over the last twenty years./


>>> Reference postings:
- Others about NORVAL MORRISSEAU BLOG (Part I),
- Norval Morrisseau's Certificate of Authenticity (Part I),
- Norval Morrisseau's Certificate of Authenticity (Part II),
- Norval Morrisseau's Certificate of Authenticity (Part III),
- Norval Morrisseau's Certificate of Authenticity (Part IV),
- Norval Morrisseau's Certificate of Authenticity (Part V),
- Norval Morrisseau's Certificate of Authenticity (Part VI),
- McLuhan shares memories of artist Norval Morrisseau &
- Will the real SpiritWalker please stand up?

~ As of May 10th, 2009 this post does not exist anymore due to its deletion by the KRG blog editors and on June 26, 2009 the blog has been deleted by the Kinsman Robinson Galleries. As of August 06, 2009 the blog has been reinstated but this time open to invited readers only!? (click HERE to view screen capture of the original post with all pertaining comments)

>>> The photograph of Ugo Matulić a.k.a. Spirit Walker with his brother Jakša was taken by the Indian totem in Radmanove Mlinice after the screening of one of the "Winnetou" films; Omiš, Croatia - July 1966.
~ Source: www.almissa.com /Ugo Matulić - Webmaster/

>>> Click HERE to view the above photograph in its original context
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Click HERE to vie this post when it was originally published with all pertaining comments.

~ The following is the Ugo Matulic's response to the KINSMAN ROBINSON GALLERIES's $1 Million SLAPP Suit threat
Originally published on 01/08/2011

 ~ The following screen capture of the post has been trasferred from the KINSMAN ROBINSON GALLERIES blog
/Used without permission/


Originally published on 31/12/2010 (Revised on 08/01/2011 & 09/01/2011)


/Click on image to Enlage or HERE for this post's latest revision BEFORE IT WAS DELETED BY THE KGB BLOG EDITOR(S)/

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->>> As per the above presented post by Kinsman Robinson Galleries 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 & were published either with the knowledge that they were false, or with conscious disregard for the truth'. This KRG post was revised in 2011 only two days after I had received a 'Notice of Libel' from
FRASER MILNER CASGRAIN LLP on behalf of Kinsman Robinson Galleries, Donald C. Robinson and Paul C. H. Robinson.

* - Kinsman Robinson Galleries /Principal Morrisseau dealer - Representing Norval Morrisseau (1932-2007) and his artwork over the last nineteen years of artist's life./

 >> The following are the posts from the NORVAL MORRISSEAU BLOG specified in 'Notice of Libel', dated December 23rd, 2010:

 1. Weekend of Awakening (MAR 2, 2009) - Page 3,
2. Action of Deception by KRG (Part I) (MAY 12, 2009) - Page 4,
3. Action of Deception by KRG (Part II) (NOV 28, 2009 - Page 4,
4. Action of Deception by KRG (Part III) (DEC 7, 2009) - Page 4,
5. Deceptions of the main 'Norval Morrisseau Conspirators': Gabor Vadas, Bryant Ross, Donald Robinson & Ritchie 'Stardreamer' Sinclair (Part I) (DEC 13, 2009) - Page 5,
6. Who is Paul C. H. Robinson and what is his role in the Norval Morrisseau Conspiracy? (Part I) (MAR 2, 2010) - Page 5,
7. Action of Deception by KRG (Part V) (APR 16, 2010) - Page 5,
8. Action of Deception by KRG (Part VII) (JUL 4, 2010) - Page 6 &
9. Norval Morrisseau Conspiracy Unveiled (NOV 4, 2010) - Page 6.

 * Item No. 9 is an addendum for the post Norval Morrisseau Conspiracy Unveiled (Part V) published July 19th, 2010. This addendum does not contain any false and/or defamatory statements concerning the Complainants as the information presented is factual, acquired from the public domain.

 BLOG MASTER'S COMMENT:

 "THE INFORMATION PRESENTED ON THIS PLATFORM IS BASED ON DATA COLLECTED FROM THE PUBLIC DOMAIN AND OTHER VERIFIABLE SOURCES WHICH CAN BE PUT FORTH ACCORDINGLY AS SUBMISSIBLE EVIDENCE IN A CANADIAN COURT OF LAW IF THE NEED SHOULD ARISE."

Click HERE to vie this post when it was originally published with all pertaining comments.

~ The following is the reasons behind abandonment of the KINSMAN ROBINSON GALLERIES's $1 Million SLAPP Suit against blogger Ugo Matulic; Statement of Defence

 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 BELOW and click HERE for the Blog Master's Public Address... 

Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/


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).

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.


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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 more than 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.

Thank you/Hvala/Miigwetch,

Ugo Matulić
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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ADDITIONAL IMPORTANT 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).

* - 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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