Wednesday, April 10, 2019

It appears that Kevin Hearn's Apology will NEVER happen!?

Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc.
/Court File No. CV-12-455650/


~ Justice Edward M. Morgan, May 24, 2018

"Spirit Energy of Mother Earth",  © 1974 Norval Morrisseau
~ Click HERE to view the inscription on canvas VERSO

"It’s time for Kevin Hearn to announce the big “A” !!

No, not an APPEAL of his claim of being sold a fake Morrisseau but an APOLOGY to the First Nations people of Canada, to the family of Norval Morrisseau and to The  family and legacy of
Joseph McLeod, who prior to his death was without question the greatest authority of the works of Norval Morrisseau ever.

Kevin claims to be an advocate and admirer of Canada’s Indigenous People. If he is truthful he needs to apologize. If he is not , he is just blowing smoke and unlike that great Morrisseau painting he owns, he is the fake!!"

Richard Hall, Canada's First Nations' Art Collector (Ontario)


Additional information:
"Hall is both a long-time collector of Morrisseaus and the works by other First Nations’ artists and he knew the late Joe McLeod. Hearn had purchased Spirit Energy of Mother Earth from McLeod’s gallery.
Hall says his concerns with Hearn’s claims, and his pleasure with the court’s findings, go beyond his relationship with McLeod.
“I think this needs to be cleared up because Norval and others like him have a great place in the history of Canada. Their artwork is fantastic. I think Norval, more so, is the greatest ever Canadian painter. It’s important that we get this issue gone,” said Hall."

By Shari Narine
Windspeaker Contributor
Source: An excerpt from Not funny: Fake Morrisseaus messing up the market, says Indian Group of Seven artist /Windspeaker/

Blog Master's correction of Shari Narine's writing:

The following copyrighted section is an excerpt taken from, “,” and used without permission from the author Shari Narine.

"It’s the third time a Morrisseau painting has been challenged in court as a forgery. In 2011, in Otvanik (sic) v. Sinclair, the court preferred the evidence of the expert who claimed Jesuit Priest Bringing Word was a forgery. In 2013, the court found that the Wheel of Life, purchased by Margaret Hatfield was "on the balance of probabilities … an original Norval Morrisseau.” ~ Shari Narine /Windspeaker Contributor/

The excerpt from above mentioned Shari Narine's online article contains the incorrect statement (marked in red).
Court did not prefer any evidence of the experts.

As a matter of fact the painting had been proven authentic Norval Morrisseau artworks by forensic science on December 19th, 2011 by Questioned Document Examiner Mr. Kenneth Davies click HERE.   

SUMMARY of Otavnik Vs Sinclair:

The judge dismissed Otavnik's and Sinclair's cases because insufficient proof had been presented to prove either claim. Both plaintiff and defendant would bear their own expenses.

The court found that Joseph Otavnik – thanks to his own expert witness the late Mr. Joseph McLeod - failed to prove that his painting’s worth, authenticity, validity, as a Morrisseau, had been in any way devalued, at this time, and that Ritchie Sinclair – in spite of his own expert witness, Don Robinson’s best efforts - had failed to prove it was a fake, (which would, in reality, have devalued it).

Therefore, the judge dismissed Mr. Otavnik's claim that he had suffered financial loss at this time as a result of Ritchie Sinclair's unproven accusations.

Note: Both of these paintings had been proven authentic Norval Morrisseau artworks by forensic science on December 19th, 2011 and September 29th, 2017 (Mr. Kenneth Davies; 'Jesuit Priest Bringing Word' & 'Spirit Energy of Mother Earth')... click HERE & HERE.  
See Otavnik Vs Sinclair SC 09-00082782-0000 (Part VI) &

Signatures on Norval Morrisseau artworks certified by Forensic Science

Kevin Hearn and his legal counsel Jonathan Sommer being filmed by Jamie Kastner for the upcoming "THERE ARE NO FAKES" documentary at Superior Court in Toronto, under the watchful eye of Ritchie Sinclair

After eighteen years since National Post article by Murray Whyte "Morrisseau fakes alleged" /National Post, May 18th, 2001/, and three years of investigation by the Royal Canadian Mounted Police and Thunder Bay Police Service and after eight court cases over the period of twelve 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.
In each of these court cases Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery was referenced to or his appraisals were submitted and accounted for:

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,

7.1 - James White vs. Ritchie Sinclair SC-10-109226-00
        /Formerly CV-08-00366828*/.
- Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/

* - A claim when Joseph McLeod (c.o.b. Maslak McLeod Gallery)James White, White Distribution Limited, Donna Child, Artworld Inc. (c.o.b. Artworld of Sherway)Sun Nam Kim ("Sunny Kim"), Gallery Sunami Inc.(c.o.b. Gallery Sunami), Jackie Bugera and Bugera Holdings Ltd.(c.o.b. Bearclaw Gallery) sued Ritchie Sinclair (Ref.: click HERE).

Note: In January 2011, days before the case was to be officially declared abandoned by the Superior Court, James White reactivated the case. It appears, however, that White was acting alone. On August 5th, 2015 Deputy Judge CW Kilian Found Ritchie Sinclair Guilty & fined him $25,000 plus costs... (click HERE for more information).

~ In all of the above listed court cases Forensic science have been used proving that paintings in question were signed by Norval Morrisseau and nobody else (click HERE).


>>> 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 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)

This important finding by Judge Paul J Martial was completely ignored by member of the Norval Morrisseau Heritage Society, Ms. Carmen Robertson in Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/

This court finding was also purposely avoided by Jamie Kastner*, director of the 114 minute film “THERE ARE NO FAKES” which will be screened at the 2019 Hot Docs Canadian International Documentary Festival in Toronto on April 29th& May 1st 2019.

* - who is Kevin Hearn's 'high school buddy,' as noted by Shari Narine, Contributor

NOTE: Genuine Norval Morrisseau painting involved in this court case was also acquired from Randy Potter Estate Auctions and appraised by the late Mr. Joseph McLeod (1928-2017).

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