Tuesday, May 28, 2019

Canada's Court System Vs. Jamie Kastner's THERE ARE NO FAKES 'documentary'

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"LOSING IN CANADA'S COURT SYSTEM?... NO WORRIES, MAKE A DOCUMENTARY!-

FILM REVIEW COMING SOON!
Jamie Kastner's “THERE ARE NO FAKES” 'documentary'
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"More and more individuals – and companies – are augmenting, even bypassing entirely, traditional legal process hoping to get a more favorable hearing in public." ~ Bruce Schneier2013



















"Court is one of those places where facts still matter."
~ Judge Amy Berman Jackson, 2019
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Friday, May 24, 2019

First Anniversary of Judgement in Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. (Part I)


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

"SPIRIT ENERGY OF MOTHER EARTH HAS NOT BEEN PROVED TO BE A FORGED OR FAKE MORRISEAU. FROM THE LAW'S POINT OF VIEW, IT IS THEREFORE A REAL NORVAL MORRISSEAU PAINTING."
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~ Justice Edward M. Morgan, May 24, 2018

IN-DEPTH JUDGEMENT ANALYSIS TO BE PRESENTED ON THESE PAGES SOON!
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"Spirit Energy of Mother Earth",  © 1974 Norval Morrisseau
~ Click HERE to view the inscription on canvas VERSO
Provenance: Purchased from Kahn Auctions in Pickering, Ontario; sold to Mr. Kevin Hearn by Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery (Toronto, Ontario) & exhibited at the Art Gallery of Ontario (AGO) on June 11th, 2010 (click HERE)


The following "Hearn v. Maslak-McLeod Gallery Inc." material has been presented on CanLII:


1. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 6711 (CanLII) - 2017-10-03 (SUCCESSFUL INTERVENORS INTERVENTION TO PROVIDE DEFENCE TEAM FOR A DECEASED DEFENDANT)
Superior Court of Justice - Ontario
blog - paintings - famed-tenor-drops-suit-alleging-art-dealer-sold-him-a-fake-morrisseau -
proposed interveners - theglobeandmail

2. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7212 (CanLII) - 2017-12-01 (PLAINTIFF'S LEGAL COUNSEL JONATHAN SOMMER'S FAILED ATTEMPT TO 'SILENCE VOICES*' OF JOHN GOLDI, JOAN GOLDI, JOSEPH OTAVNIK AND UGO MATULIC)
Superior Court of Justice - Ontario
email - link to s blog - spritzer - motion - defamatory

3. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7247 (CanLII) - 2017-12-04 (SUCCESSFUL ATTEMPT OF QULAIFYING THE INTERVENORS FOR A TRIAL)
Superior Court of Justice - Ontario
paintings - will - intervene - undefended - authenticity

4. Hearn v. Maslak-McLeod Gallery Inc., 2017 ONSC 7246 (CanLII) - 2017-12-04 (JAMIE KASTNER'S FAILED ATTEMPT TO VIDEOTAPE THE TRIAL)
Superior Court of Justice - Ontario
filming - filmmaker - film - filmed - videotaping               
            
5. Hearn v. Maslak-McLeod Gallery Inc., 2018 ONSC 945 (CanLII) - 2018-02-07 (FAILED ATTEMPT OF DEFENDANT'S LEGAL COUNSEL TO QUALIFY PAUL BREMNER AS AN EXPERT WITNESS)        
Superior Court of Justice - Ontario
paintings - expert - art - report - appraisal        
                 
6. Hearn v. Maslak-McLeod Gallery Inc., 2018 ONSC 962 (CanLII) - 2018-02-08 (SUCCESSFUL ATTEMPT OF DEFENDANT'S LEGAL COUNSEL TO QUALIFY KENNETH J. DAVIES' AS A SECOND EXPERT WITNESS)
Cour supérieure de justice - Ontario
graphoanalysis - report - expert - handwriting - signatures

7. Hearn v. Maslak-McLeod Gallery Inc., 2018 ONSC 2918 - 2018-05-24 (JUDGEMENT)
Superior Court of Justice - Ontario
paintings - painting - forgeries - black dry brush - works

Source: https://www.canlii.org
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* (see item 2.) - Plaintiff's legal counsel Mr. Jonathan Sommer filed an outrageous Criminal contempt of court (MOTION RECORD), on behalf of Mr. Kevin Hearn, and suggested to the Court for noted individuals to be incarcerated and/or to be fined, to be prohibited from attending the trial of this action, to be ordered to remove all materials published on internet referring to this action, etc.
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~ The following documentary evidence filed on November 22nd, 2017 was used at the hearing of this MOTION RECORD (Motion of Contempt):

1. The Affidavit of Kevin Hearn, dated November 22nd, 2017;
2. The Affidavit of Carmen Robertson, dated November 18th, 2017;
3. The Affidavit of Richard Baker, dated November 14th, 2017;
4. The Affidavit of Garth Cole, dated November 17th, 2017.

"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."

About CanLII

CanLII is a non-profit organization that has been engaged by the law societies of Canada that are members of the Federation of Law Societies of Canada to establish, operate, maintain and provide to the law societies a website dedicated to providing continuous access to a virtual library of Canadian legal information. CanLII's goal is to make Canadian law accessible on the Internet.

The present website (http://canlii.org/) provides access to court judgments, tribunal decisions, statutes and regulations from all Canadian jurisdictions. Their other website, CanLII Connects, hosts a database of case commentary and case summaries which is contributed to, on a daily basis, by lawyers, scholars and others with professional competency in legal analysis.


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Saturday, May 18, 2019

Eighteenth Anniversary of the National Post article which started the Greatest Cultural Genocide on Canadian Indigenous art


/THIS POST CONSISTS OF PREVIOUSLY PRESENTED MATERIAL/

"LOSING IN CANADA'S COURT SYSTEM?... NO WORRIES, MAKE A DOCUMENTARY!-

FILM REVIEW COMING SOON
Jamie Kastner's “THERE ARE NO FAKES” 'documentary'

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

 




























"World of Blue," © 1978 Norval Morrisseau



How is it possible for the above paintings titled "Ancestral Spirit with Evil Serpent" and "World of Blue" 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)





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BLOG MASTER'S STATEMENT:

After eighteen years since National Post article by Murray Whyte "Morrisseau fakes alleged" /National Post, May 18th, 2001/, and three years of investigation by 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.

** - 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).


Dr. Atul K. Singla    Brian Lindblom (ret.)   Kenneth J. Davies
/Canada's top Forensic Document Examiner and Handwriting Experts/


~ From 2002 to 2017 they have analyzed more than 150* various genuine Norval Morrisseau artworks, all alleged to be forgeries by Kinsman Robinson Galleries and their associates, and have found them, without exception, to be paintings signed by Norval Morrisseau. 
~ 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).

* - 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).















ADDENDUM #1

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

Sold through Maslak McLeod Gallery in Toronto, Ontario CANADA
PROVENANCE: Acquired from Kahn Auctions (Randy Potters Estate Auctions), Pickering Ontario CANADA; Private collection of Mr. David Voss, Thunder Bay, Ontario 
/Click on image to Enlarge/


 >>> The following is the 'National Post' article published in May 2001 where the above shown painting titled "Ancestral Spirit with Evil Serpent" appeared as an illustration and when it was supposedly labeled fake by Norval Morrisseau in May 2001.  


Morrisseau fakes alleged

/Probe launched as Canadian Native artist identifies paintings as forgeries/
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A black and white reproduction of 1996 painting by Norval Morrisseau titled 'Erected in Honour of All Ancestors and Warriors" and a black and white reproduction Norval Morrisseau says is a forgery. The B.C. artist has identified 23 paintings as fakes.
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National Post, May 18th, 2001


Murray Whyte

@UntitledToronto

Celebrated native painter Norval Morrisseau has identified at least 23 paintings sold recently at auction as forgeries, launching off an investigation that could lead to hundreds of phony paintings attributed to him.

Donald Robinson*, Mr. Morrisseau’s gallery representative in Toronto, was approached last month by a collector who bought several paintings attributed to Mr. Morrisseau at Kahn’s Country Auctions in Pickering, Ont. The collector wanted the works appraised, but Mr. Robinson was suspicious of their authenticity.

Mr. Robinson sent colour photocopies of 23 paintings to Mr. Morrisseau in British Columbia for identification. Mr. Morrisseau sent back a signed statement saying he did not paint any of the works in question.

The paintings were purchased from a collection of 850 paintings sold by Kahn’s on behalf of a single dealer in Thunder Bay, Ont. Also included in the collection was a painting attributed to West Coast native artist Robert Davidson. The painting, dated 1975, has since been denounced by Mr. Davidson as a fake.

Randy Potter, who owns Kahn’s, said he believed all the paintings he has sold are authentic. He has sold more than 500, he said, and the only complaints he has received have come from Mr. Robinson himself. “I’ve sold a lot of these to a lot of people, big dealers, collectors, and not one guy has ever come back [except Mr. Robinson],” he said.

However, Mr. Robinson said these paintings land suspicion to the entire collection.

“I had long thoughts there was something wrong with these paintings,” said Mr. Robinson, who bought some himself. “With all these numbers coming out, I just thought ‘this is impossible.’”

The alleged fakes first came to Mr. Robinson’s attention through the Thunder Bay RCMP, which had received a tip through Crime-stoppers. An RCMP officer in Thunder Bay declined to comment on the case.

If the lot contains more forgeries, the financial damages could run into the millions of dollars. Mr. Morrisseau, one of the country’s best-known and most marketable living painters, typically sells a medium-sized canvas for $8,000 to $9,000. At auction, the paintings sold for an average of $2,000 to $3,000, with some going for as much as $9,000.


Norval Morrisseau
Photography by Laszlo Mezei


Mr. Morrisseau, who is 70 years old, is in ill health with Parkinson’s Disease. Over the course of a painting career that began in the 1950s, he developed a reputation for alcohol abuse. In 1987, he became national news not for his art, but for living on the streets in Vancouver’s Gastown, scrawling quickie drawings and selling them to buy alcohol.

In the early nineties, Mr. Morrisseau begun his recovery, aided by Gabor Vadas, a young man he met on the street in darker days. Despite his disease, he has been a productive painter over the past decade. But some believe the combination of his former life-style and current ailment make his judgment less than reliable. There is also some speculation Mr. Morrisseau, in leaner times, would fall back on painting simply to fuel his appetites.

“Over the last 30 years, he would be on reserves and paint paintings for food and liquor,” said Michael Rogozinski, president of Empire Auctions in Toronto, which has sold Mr. Morrisseau’s work. “You give him acrylic paint and a canvas and tell him you’ll take him out for dinner and give him some liquor and he’ll paint. There are probably thousands of these things on reserves all over the country.”

Given Mr. Morrisseau’s past, coupled with the likelihood he has produced at least 8,000 paintings during his career, it would seem likely he might not remember them all. Mr. Robinson, however, said it was preposterous to think Mr. Morrisseau would not recognize his own work.

“It’s not possible he said. “Norval has an excellent memory for longer-term things. His mind is still very good.”

Mr. Morrisseau could not be reached for comment.

Mr. Robinson, who is perhaps the most knowledgeable person in the country on the subject of Mr. Morrisseau’s art, said there were several clues as to the paintings’ authenticity that would make Mr. Morrisseau’s final say formality.

Mr. Robinson says small details seem to be slightly off: Mr. Morrisseau’s signature, painted in native characters, is not quite right.

The titles, usually written on the back of the paintings, are too faded they are illegible, a characteristic Mr. Robinson say he has never seen in all his years dealing with Mr. Morrisseau’s paintings.

More than that, though, are the paintings themselves. Mr. Robinson, who describes them as “shoddy”, said they did not appear to exhibit Mr. Morrisseau’s touch.

“There’s a whole pile of clues, but mostly it’s the images,” he said. “Once you’ve seen hundreds of these, your eye gets attuned.

We know how he does faces, what the brush strokes look like, we’re so familiar with his stuff.” Allegations of forgeries of Mr. Morrisseau’s work are nothing new. “He’s been telling us for years about the fakes, and even the people who were painting them,” Mr. Robinson said.

The reason for Mr. Morrisseau’s apparent popularity with forgers are many. When he started, Mr. Morrisseau was hailed as a true innovator, an inventor of a unique aesthetic that melded a traditional style of native art with contemporary painting. At the height of his popularity in the late 1960s and early 1970s, his paintings would typically sell for $15,000, a rare figure for a living Canadian painter.

In spite of that success, though, the market for native art soured badly in the 1980s. Only Mr. Morrisseau and a handful of others were still selling work.

Mr. Morrisseau’s relative marketability may have made him a target, Mr. Robinson said.

“There are a large number of failed, unsuccessful, jealous and probably relatively poor native painters,” he said. “It doesn’t take much of a stretch of the imagination to think that one of these guys might say ‘OK, if I can’t make it in the art world, then this is simple. Why not just make these up and sell them?

Mr. Rogozinski, however, doubted that kind of effort would justify the payoff.

“He’s a great artist and I respect him a great deal, but Norval Morrisseau’s paintings are not worth so much money that it’s worth someone’s while to sit there and paint forgeries.”

Mr. Robinson, however, says he supports Mr. Morrisseau unconditionally. “I wanted them to be real. We all did,” he said. “But if someone brought one of these to me, I would say obviously that it’s not authentic.”


Murray Whyte

Click HERE to view printed version of the National Post article "Morrisseau fakes alleged" /May 18th, 2001/


ADDENDUM #2
























Genuine Norval Morrisseau painting "World of Blue" from Page 40 of the "Norval Morrisseau: The Development of the Woodland School of Art" © Maslak McLeod Gallery, Toronto, Ontario/ ~ Click on image to Enlarge to read the statement by Ritchie Sinclair of "this painting being identified as fake along with 23 other fake Morrisseaus by Norval Morrisseau in 2001" , referring to the 'National Post" article "Morrisseau fakes alleged" dated May 18, 2001 ~
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* AUTHENTIC NORVAL MORRISSEAU PAINTING
/ Excluded from the "FAKE AND IMITATION" list... click HERE/



NOTE: This painting is labeled as an "Inferior Counterfeit Morrisseau" by Ritchie Sinclair at his defamatory www.morrisseau.com (click HERE or HERE for its screen capture). (Ref.: Exhibits No. 5 & No. 19)

The same Ritchie Sinclair was sued by Mr. James White for libel and defamation and Deputy Judge CW Kilian found Ritchie Sinclair Guilty & fined him $25,000 plus costs...  (click HERE for more information)


ADDENDUM #3

Below presented is a sworn affidavit by Mr. James (Jim) White regarding the paintings addressed in the 'National Post" article "Morrisseau fakes alleged" dated May 18, 2001.


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-Page 1


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Page 2

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~ Dated March 9th, 2005
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- A sworn affidavit by Mr. James (Jim) White regarding the paintings addressed in the 'National Post" article "Morrisseau fakes alleged" dated May 18, 2001 (see Exhibit No. 5)


In this affidavit Mr. James White confirms the findings of Exhibit No. 4 that Mr. Donald Robinson of Kinsman Robinson Galleries purchased paintings from Kahn Auctions. In addition, Mr. White stated that he took 23 of his Norval Morrisseau paintings, also purchased from Kahn Auctions, to Kinsman Robinson Galleries to be appraised for insurance purposes. Mr. Robinson complimented Mr. White's choices and advised him to be well-insured.

Two weeks later, Mr. Robinson indicated to Mr. White that he did not assess the paintings himself but rather asked Norval Morrisseau for assistance by providing the artist with pictures of the paintings and two boxes marked YES and NO. Mr. Donald Robinson had told to Mr. White that Norval Morrisseau allegedly marked NO boxes beside each of his paintings.
Despite numerous requests by Mr. White and his lawyer, Mr. Donald Robinson had refused to provide a copy of this documentation from Norval Morrisseau (see Page 1).

Also, Mr. Robinson indicated to Mr. White that one of his paintings would appear in the 'National Post" article
"Morrisseau fakes alleged" dated May 18, 2001 (see Exhibit No. 5).
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ADDENDUM #4

Presented below is a letter from Mr. Donald Robinson to his clients dated May 19th, 2001 - a day after the 'National Post' article 'Morrisseau fakes alleged' was published (see Exhibit No. 5 or above). It is interesting that in this letter Mr. Robinson does not mention the name of Kahn Auctions. Nor does he mention the fact that he bought and sold paintings from Kahn Auctions in his gallery (see ADDENDUM #5) but contends that the collector (Mr. James White) who brought the paintings which were purchased from the same auction house (and same source) were fakes (see Exhibit No. 4).-


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