Eleventh Anniversary of the "Weekend of Awakening"

/February 28th - March 1st, 2009/

/Preceded KRG's $1,000,000 SLAPP suit against Ugo Matulic/
 CASE WON BY THE DEFENDANT
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- Norval Morrisseau Conspiracy Exposed

~ This post was originally published on February 28th, 2010
   /UNEDITED, ORIGINAL VERSION/
  ~ Additional (NEW) information presented in RED
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Norval Morrisseau/Copper Thunderbird (1931-2007)
~ Illustration by Spirit Walker
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>>> The 'Weekend of Awakening,' presented ELEVEN YEARS AGO TODAY, was dedicated to the term that had never been used on this blog before -'The Norval Morrisseau Conspiracy'.

This conspiracy involves a couple of galleries (Kinsman Robinson Galleries and Coghlan Art Studio & Gallery) and a few individuals who were closely associated with the artist namely Donald C. Robinson and Paul C. H. Robinson of the Kinsman Robinson Galleries in Toronto, Ontario (LAUNCHED SLAPP SUIT AGAINST BLOG MASTER OF THIS PLATFORM AND DROPPED ALL THE CHARGES AFTER ONE OF THE PLAINTIFFS WAS DISCREDITED IN NORVAL MORRISSEAU AUTHENTICITY RELATED COURT CASE;) Bryant Ross who is director of Coghlan Art Studio & Gallery in Aldergrove, BC (BLATANTLY CALLED AN ABOMINATION & DEFACED GENUINE NORVAL MORRISSEAU PAINTING WHICH WAS AUTHENTICATED BY FORENSIC SCIENCE;) Gabor Vadas who for the last 20 years of Norval Morrisseau's life functioned as Mr. Morrisseau's guardian and business manager; Ritchie 'Stardreamer' Sinclair - an individual who single-handedly caused the greatest harm to the Norval Morrisseau Art Market and whose name is infamously connected with the Legacy of Norval Morrisseau (RECENTLY REMOVED FROM LIST OF WITNESSES IN NORVAL MORRISSEAU AUTHENTICITY RELATED COURT CASE;) John Zemanovich a.k.a. Raven Thunderbird, FORMER MEMBER OF NORVAL MORRISSEAU HERITAGE SOCIETY (NMHS) who was Blog Master of http://honouringnorvalmorrisseau.blogspot.com (suspended in October 2008) and Mark Anthony Jacobson a.k.a. PEY-SIM-AWAY-APEY-BINASI.
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Among the information never before seen on the 'NORVAL MORRISSEAU BLOG' a series of signed 'Certificates of Authenticity' had been presented for paintings done in the styles that Norval Morrisseau used mostly during the decade of the 1970's. These legally binding 'Cerificates of Authenticity' were signed and thumbprinted by Norval Morrisseau as he personally handled and inspected the 'front and reverse' of each canvas painting for his identifying marks. These 'Certificates of Authenticity' were eyewitnessed during their presentation to Norval Morrisseau (THE SAME PAINTINGS WERE LATER AUTHENICETED BY FORENSIC SCIENCE).
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From the very beginning of the NORVAL MORRISSEAU BLOG I felt the need to create a platform that will speak for Norval when this privilege to speak for himself was put in the hands of others that were only interested in their personal financial gain by putting the Legacy of Norval Morrisseau aside.
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Miigwetch,
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Ugo Matulić a.k.a. Spirit Walker-
> For the purposes of this blog I would like to be referred to as Spirit Walker. Miigwetch!

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The following posts are part of the 'Weekend of Awakening':
/For better understanding please read the corresponding comments!/

- Weekend of Awakening /An Introduction/,
- Spirit Walker meets Copper Thunderbird (Part III),
- Norval Morrisseau's Certificate of Authenticity (Part I), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info)
- Changing Faces of Ritchie "Stardreamer" Sinclair (Part IV),
- Norval Morrisseau's Certificate of Authenticity (Part II), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info)
- Others about NORVAL MORRISSEAU BLOG (Part I),
- The Genius of Norval Morrisseau,
- Norval Morrisseau's Certificate of Authenticity (Part III), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info)
- Spirit Walker meets Copper Thunderbird (Part IV),
- Changing Faces of Ritchie "Stardreamer" Sinclair (Part V),
- Manipulative Nature of Gabor Vadas (Part I),
- Norval Morrisseau's Certificate of Authenticity (Part IV), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info)
- www.norvalmorrisseaulegaldefencefund.com ~ material of this post was part of Statement of Claim in the court case Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/ - CASE WON BY THE DEFENDANT (click HERE),
- Norval Morrisseau's Certificate of Authenticity (Part V), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info)
- Mother Earth (Part IV),
- Norval Morrisseau's Certificate of Authenticity (Part VI), ~ PAINTING AUTHENTICATED BY FORENSIC SCIENCE (Click HERE for more info) &
- Weekend of Awakening /The Summary/~This post was part of Statement of Claim in the court case Kinsman Robinson Galleries vs. Ugo Matulic /CV-10-417123/ - CASE WON BY THE DEFENDANT.


CLOSING STATEMENT:
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After nineteen 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. 
 
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*/.
8.1. 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).

* The illustration of this post is constisted of the following: - The photograph of Norval Morrisseau taken at the opening of his first art exhibition at Pollock Gallery in Toronto, 1962; - The background image taken from the illustration of the book "Crooked River" by Shelley Pearsall /ISBN: 0-375-82389-1/ & - The "Copper Thunderbird" Syllabics signature of Norval Morrisseau extracted from an original painting: "Syllabics": 53"x112", © 1980 Norval Morrisseau /Private Collection/

Eight Anniversary of Plaintiffs' Notice of Action & Statement of Claim in Kinsman Robinson Galleries vs. Ugo Matulic /Court action CV-10-417123/ posted on KRG Blog

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~ This post was originally published on March 14th, 2012  
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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... 

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~ In response to Plaintiffs' Notice of Action & Statement of Claim posted on KRG blog on February 27th, 2012-

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 2,680 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 phenomenal Canadian artist.

Accordingly, we take this opportunity to post our Statement of Defence, filed on September 22nd, 2011 in The Superior Court of Justice – Ontario, along with Plaintiffs' Notice of Action & Statement of Claim, filed on December 23rd, 2010 in respect of the defamation action commenced by the Plaintiffs, Donald Robinson and Paul Robinson of Kinsman Robinson Galleries of Toronto. The pleadings are part of the public record and available for viewing from the Toronto Courthouse at 393 University Avenue, 10th Floor, Toronto, Ontario, Canada.

We intend to vigorously defend this frivolous lawsuit and to pursue our mission of seeking justice for Norval Morrisseau and his art, which is a vital aspect of Canada’s heritage.

Please direct media inquiries to:
Attention: Antonin I. Pribetic, Litigation Counsel
STEINBERG MORTON HOPE & ISRAEL LLP
Barristers & Solicitors
5255 Yonge Street, Suite 1100
Toronto ON M2N 6P4

Email: apribetic@smhilaw.com
Tel: 416-225-2777 ext. 237





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Filed in The Superior Court of Justice – Ontario on September 22nd, 2011


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://norvalinorrisseau.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: 416-225-2777
Fax: 416-225-7112

Lawyers for the Defendant


Filed in The Superior Court of Justice – Ontario on September 22nd, 2011
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~ Reference material:
1. Defendant's Statement of Defence [PDF]
2. Plaintiff's Notice of Action & Statement of Claim [PDF]
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Thirteenth Anniversary of the late Mr. Joseph McLeod's Art appraisal in connection with Michael Moniz's stunning victory against the biggest media giant in Canada (CTV Globemedia, currently Bell Media, Inc.)

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

"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."-

~ Justice Edward M. Morgan, May 24, 2018

Michael Moniz (September 11, 1965 - April 13, 2013)

ABOUT MICHAEL MONIZ (1965-2013):

"He Humbled a Canadian Media Giant…
Exposed a Top Arts Journalist’s Professional Disgrace…
And saved a fine Morrisseau BDP* from the trash heap of history.

Alone against the “Establishment” this Canadian Morrisseau collector took on the biggest media giant in Canada (CTV Globemedia) and won a stunning moral, legal, and cultural victory, on March 10, 2009, on behalf of Canada, and all Canadians, and the artistic heritage of Norval Morrisseau.

The lonely battle he fought, at great personal expense, and distress, over two years, served to expose for all Canadians, how – from the very beginning - serial journalistic incompetence continues to be the main tool harnessed by those who attack the painting legacy of Norval Morrisseau, and in the process – together – grievously undermine and devalue the legitimate Aboriginal cultural heritage of Canada."

Source (text): theMorrisseauHoaxExposedBlog.com                   
"Great Canadian Cultural Heritage Hero #1" &
Moniz v CTVglobemedia              


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MICHAEL MONIZ SPEAKS FROM THE GRAVE:

Michael Moniz vs. CTV Globemedia Publishing Inc. /Court action CV-07-1776 SR/

"Father and Son," 30"x30", © 1977 Norval Morrisseau
~ Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by the late Mr. Joseph McLeod (1928-2017) who was as of February 12th, 2007 a member of Art Dealers Association of Canada (ADAC) /Click on image to Enlarge/


This matter has been financially compensated between Michael Moniz (plaintiff) vs. (defendents) CTV Globemedia Publishing Inc. for damages rendered to the plaintiff. Action No. CV-07-1776 SR in the Ontario Superior Court of Justice in Brampton, Ontario ELEVEN YEARS AGO (March 10th, 2009).

"I am very pleased about the POSITIVE compensatory outcome of this case in my favour. Now that it has been settled between myself and the CTV Globemedia Publishing Inc. I will sell the art of Norval Morrisseau with continued superior confidence to collectors World Wide."

Thank you,

Michael Moniz, March 10th, 2012"

This painting which was involved in court action Michael Moniz Vs CTV Globemedia Publishing Inc. CV-07-1776 SR come with professional appraisal work done by the late Mr. Joseph McLeod (1928-2017) of Maslak Mcleod Gallery in Toronto Ontario. Mr. McLeod was a member of the Art Dealers Association of Canada (ADAC); and at the time of his passing a member of The Canadian Association of Personal Property Appraisers (CPPA). Further forensic work was conducted and found proof positive for the signature painted in black paint with a DB technique by Mr. Brian Lindblom (retired, 2017) of 'The Document Examination Consultants Inc.' (click HERE for more information).

~ This genuine Norval Morrisseau painting was acquired by the late Mr. Michael Moniz (Brampton, Ontario) from Randy Potter Estate Auctions in Port Hope, Ontario.

~ For CV-07-1776 SR background history click HERE.

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As per quoatation noted below, Dr. Carmen Robertson considers this genuine Norval Morrisseau painting from Randy Potter Estate Auctions purchased by the late Mr. Michael Moniz, appraised by the late Mr. Joseph McLeod of Maslak McLeod Gallery and authenticated by Forensic science to be a FAKE!


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CARMEN ROBERTSON WRITES:

Contrary to the factual, Dr. Carmen Robertson promoted the opposite in the 'University of Manitoba Press' publication, 2016:

"In early 2007 Val Ross of the Globe and Mail penned the story that uncovered how fake Morrisseau paintings were being sold online, and the paper printed a screen shot of a fake Morrisseau on eBay.ca site to prove it. Milrad called it a 'new wrinkle in an old scam,' explaining that the NMHS and Gabe Vadas had instigated litigation to ensure that eBay would not sell fakes in the future. This endeavour, however, according to the report, cost the estate about $70,000 a year. This was a start of a series of countless litigations over authenticity of Morrisseau paintings."


~ Carmen Robertson*, "MYTHOLOGIZING NORVAL MORRISSEAU," Page 171 [ISBN: 978-088755-810-8]

* - Full Professor at Carleton University, Ottawa, Ontario; Formerly an associate professor of contemporary Aboriginal art history in the Department of Visual Arts, University of Regina, Regina, Saskatchewan; E-mail: carmen.robertson@carleton.ca... also a  Member of the defunct Norval Morrisseau Heritage Society (NMHS)

/An article from "The Globe&Mail" and image posted on eBay
in the bottom left corner - Click on image to enlage/

The following excerpts have been taken from the Globe and Mail article "Old art scam surfaces on-line" by Val Ross and shows Mr. Aaron Milrad's fraudulent manipulations of the media in order to misinform the public:

"Now they are showing up on eBay. "It's a new wrinkle on an old scam," says Toronto Lawyer Aaron Milrad who acts for the artist and the Norval Morrisseau Heritage Society...

But there is confusion over what is his best work, and indeed,what is his work at all. Morrisseau fell on hard times in the 1980's and could be seen on skid-row street corners in Vancouver, peddling paintings for the price of a bottle. Speculators bought them cheaply, without documentation, and attempted to donate them to public galleries for huge tax write-offs.

"Artists are entitled to do inferior works,"says Milrad. "The problem is the fakes." He's referring to works Morrisseau knows he did not create. Often drably coloured with wonky signatures, they've turned up for more than a decade at auction and in galleries. Vadas has more than 1,000 examples on file."

The above excerpts have been taken from the Globe and Mail article "Old art scam surfaces on-line" by Val Ross.

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NOTES: NMHS and Gabe Vadas never "instigated litigation to ensure that eBay would not sell alleged fakes in the future" as the same genuine Norval Morrisseau paintings that they call fakes continued to sell on eBay up to the present day [click HERE (2009), HERE (2010), HERE (2011),  HERE (2013), HERE (2014)...]

Also, Gabe Vadas was the one involved in the first ever litigation over the authenticity over Morrisseau paintings and not Mr. Michael Moniz. Mr. Vadas lost case with Mr. Joseph Otavnik of Oshawa, Ontario while Norval Morrisseau was still alive. 

'Otavnik Vs Vadas SC 07-51428-00' which was filed on April 16th, 2007 (more than six months prior Norval Morrisseau's passsing into the spirit world) even when Mr. Otavnik requested, via Gabor Vadas, for Norval Morrisseau to evaluate the paintings in question - requests ignored by Gabor Vadas!? The court case which Gabor Vadas lost and paid $11, 000 for damages to Joseph Otavnik.

Luckily for Dr. Carmen Robertson that Michael Moniz is not alive as he would have, as Mr. Joseph Otavnik did, seeked damages for Defamation under commons law and Slander of Title under the Ontario Libel and Slander Act R.S.O. 1990 c.12.

John Goldi of theMorrisseauHoaxExposedBlog.com

IMPORTANT NOTE: Dr. Carmen Robertson’s Research was just simply trusting the Canadian media…

… She has never researched details of the media statements and/or accusations nor she had ever interviewed any of the "major players" in Norval Morrisseau Story AT ALL!

For eighteen years, starting with National Post’s article “Morrisseau Fakes Alleged,” Canadian media have been misinforming the public about prevalence of alleged Norval Morrisseau forgeries and in those sixteen years they have not succeeded to point out one case where it was proven that someone made, sold, distributed or even marketed one "fake" Norval Morrisseau painting.


Important additional/related information: 

In a recent court case Kevin Hearn Vs. Joseph B. McLeod and Maslak McLeod Gallery Inc. /Court File No. CV-12-455650/ the Plaintiff's legal councel was also Mr. Jonathan Sommer while expert witness for the Plaintiff was Dr. Carmen Robertson. Expert witness for the defendant was a Questioned Document Examiner Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta). 

Plaintiff's expert witness, Dr. Carmen Robertson* failed to prove the case of the painting's nonauthenticity. 

Just as with what happened to Mr. Donald Robinson's testimony in Hatfield, Margaret Lorraine vs. Child, Donna and Artworld of Sherway trial when he was accepted as an expert witness but in the end his testimony was rejected.

Note: Currently Dr. Carmen Robertson is sued by Mr. Joseph Otavnik for calling genuine Norval Morrisseau Tunder Bay Art Gallery donations FAKES. 

For eighteen years they were not able to bring to justice a single forger of the Norval Morrisseau art but they sued via Kinsman Robinson Galleries a blogger who exposed them for their wrongdoings (myself, Ugo Matulic).

Canadian media did not write a single word about me being sued as it did not worked to their agenda of “bad news is a good news”… as in my opinion it would be great to write an article with title “A collector and blogger sued for $1 Million by a Norval Morrisseau principal dealer.” They feared that exposing me would expose them of wrongdoings as well.

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.

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"RED LAKE INCIDENT" - Norval Morrisseau Heritage Society Exposed" 

"Carmen Robertson calling genuine Morrisseau paintings at TBAG FAKES"

"Who is Carmen Robertson?" /WHO'S CALLING GENUINE MORRISSEAUS "FAKES"/

"Carmen Robertson sued for calling Morrisseau TBAG donations FAKES"

"Carmen Robertson Vs. Goyce Kakegamic"

"The painting which destroys credibility of the Kinsman Robinson Galleries & the NMHS"

"Norval Morrisseau Conspiracy and Mr. Greg Hill"

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BLOG MASTER'S COMMENT:

Failing to prove its false allegations, the Globe and Mail conceded and agreed to pay an out-of-court settlement to late Michael Moniz. In revenge, and in obvious shame, The Globe and Mail enforced a non-disclosure silencer on the successful plaintiff to cover up its journalistic incompetence and wrongful accusations.

Despite its violation of journalistic ethics with the non-disclosure clause forced on the plaintiff, for its part, The Globe and Mail took no steps to remove copies of the offending and defamatory article off the internet, where it remained in use for three years after the case was over, where continued to wrongly damage the heritage of Norval Morrisseau with its acknowledged false claims.

Shame on The Globe and Mail for using the power and wealth of its big corporation to cover up its sloppy journalism, and for failing to publish a retraction* as prominent as its original defamatory article.

Click HERE for e-mail communication between Michael Moniz's and Globe and Mail's legal counsels regarding this newspaper article (also shown).

Also, click HERE to read this post with Mr. Moniz's 2008 commentary to Val Ross' defamatory article (2007).

* - Legal Counsel for Michael Moniz was Ethan Rogers of Rogers & Company Professional Corporation and Legal Counsel for Globe and Mail was Peter M. Jacobsen of Bersenas Jacobsen Chouest Thomson Blackburn LLP

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>>> The below presented material was originally published eleven years ago (February 17th, 2008) which was unknowingly the day of Val Ross' passing. This court case which involved a geniune Norval Morrisseau's painting executed in the predominant 1970's style. This painting also came with a Forensic Report by Brian Lindblom, Forensic Document Examiner & Appraisal by Joseph McLeod (1928-2017) of Maslak McLeod Gallery who was as of February 12th, 2007 a member of Art Dealers Association of Canada (ADAC).

This newspaper article by Val Ross from the "Globe&Mail" newspaper: "Old art scam surfaces on-line; Buyers beware: Phony Norval Morrisseau paintings have been selling on eBay" comes with a commentary by Michael Moniz who passed away on April 13th, 2013.

IMPORTANT NOTES: This, damaging article for Norval Morrisseau Legacy, was available for years at online Steffich Fine Art Gallery at Salt Spring Island, BC. The same article was linked from Coghlan Art Gallery in Aldergrove, BC.

The printed version of this article was posted at Kinsman Robinson Galleries blog and it is still active today (click HERE; in this post KRG blog editors wrote with malicious intent that "February 14, 2007 edition of The Globe And Mail blew the whistle on fake Morrisseaus." KRG blog editors published this post less than a month prior to launching of $1,000,000 SLAPP suit against me - the case they LOST in April 2013.

~ Other individuals who also support this newspaper article are Ritchie Sinclair of Toronto, Ontario and Mark Anthony Jacobson of Vancouver, BC.

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Documentary evidence:
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"Father and Son", 30"x30", © 1977 Norval Morrisseau

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"Father and Son", 30"x30", © 1977 Norval Morrisseau

/Inscription on the reverse side of canvas/

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"Father and Son", 30"x30", © 1977 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/

 

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"Father and Son", 30"x30", © 1977 Norval Morrisseau /Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of February 12th, 2007 a member of Art Dealers Association of Canada (ADAC); also a member of The Canadian association of Personal Property Appraisers (CPA) - Click on image to enlarge/

~ Previous owner of the above painting: Mr. Michael Moniz, Art Director for 'Avalon Treasure', eBay Vendor *avalon*.



Brian Lindblom

 Along with professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod a member of ADAC & the Canadian Public Appraisers (see Exhibit No. 24 b). Further forensic work was conducted and found proof positive for the signature painted in black paint on the verso of 'FATHER AND SON' dated 1977 by Mr. Brian Lindblom of 'The Document Examination Consultants Inc.'

See Exhibits No. 10 & Exhibit No. 24 a ). - The 'Document Examination Consultants Inc.' are noted for their forensic expertise and called upon by various law enforcement agencies such as the RCMP to conduct forensic examinations to be used in a court of law. Go to "Personnel" section of their website to access PDF version of Mr. Brian Lindblom's CV.  This type of work is forensics at it's best and is quite costly to employ. This kind of examination was done under the eye of un-biased professional scrutiny.

The forensics work can only be conducted using many publicly known signature and writing sample specimens of Norval Morrisseua's signature as it is found on prints, personal letters and publicly known artwork created by Norval Morrisseau.

All specimens of writing archived by the examiners were used in determining the author of the signature and title painted on the verso of 'Father and Son' along with other paintings I own. Money well spent.

Randy Potter

A positive Identification of the signature was made and determined that it was done by the hand of 'Norval Morrisseau' Canadian Woodland Artist through a multiple point grade system.

The painting 'Father and Son' can be sourced back to Randy Potter Estate Auction house sold by Mr. Randy Potter (auctioneer) to Michael Moniz in early 2007 and sold afterwards on eBay.com to a collector in Toronto who will remain nameless to protect this individual's right to privacy.

Two paintings once owned by Mr. Joseph Otavnik were also examined by the document examiners and two other paintings I own as well (Sacred Medicine Bear, 1979 and Sacred Medicine Wheel, 1975). These four other paintings were found once again to have positive signature identifications authored by the brush of Norval Morrisseau.

Joseph Otavnik

Forensic work was also employed by Mr. Jim White who is an art dealer from Ontario on six paintings he had examined by the same forensic firm 'Document Examination Consultants Inc.' years ago. Mr. Joseph Otavnik and I have used the same firm for a forensic signature evaluation of the paintings from our collections. The six paintings owned by Mr. Jim White came back also with proof positive signatures painted on the verso of each piece authored by Norval Morrisseau.

James (Jim) White

All of these paintings including 'Father and Son' came from Randy Potter's auction house and through Mr. David Voss a Thunder Bay collector (see Exhibit No. 9). One can link themselves into Mr. Otavnik's case for an in depth exploration of this man's case of Otavnik vs Vadas SC 07-51428-00 (see Exhibit No. 24) and see for yourself the importance and power of forensic science.

The painting 'Father and Son' was pictured in the February 2007 Globe&Mail article "Old Art Scam surfaces on-line" by the late Val Ross (this post cannot be found online anymore because it has been deleted by the Globe&Mail's editors). The article's accusations were slanderous and damaging to say the least. The Val Ross article is full of lies and mis-information fed to Val Ross a reporter for the Globe&Mail by the individuals doing the speaking in the article. I need not have to repeat their names once again.

Norval Morrisseau has now been vindicated and victory has been won!

Justice has been found for Norval Morrisseau.

Indeed 'the Father has now found his Son'...

Thank you.

Michael Moniz -

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NOTES: Due in fact to individuals and galleries that were closely associated with the artist have been spreading false statements that paintings of a certain style were not done by Norval Morrisseau's hand. Particularly those from the 1970's such as "Father and Son" (1977) presented in this posting. I understand fully now that they are trying "to harness" the secondary market and litigation proceedings have begun with many involved against this small group of people spreading dis-information to the public.

By discrediting a large body of work by Norval Morrisseau shows us all a great disrespect to the artist and their actions will never be tolerated. By doing disservice to the most important Canadian painter; they have tried to harm the Norval Morrisseau Art Market and consequently his legacy and have failed in their actions. The painting(s) executed in the 1970's style and signed presented in these post(s) are authentic pieces of art authored by Norval Morrisseau and forensic science backs up this claim!


ADDENDUM:

>>> The following paintings were also part of the private collection of Mr. Michael Moniz, which were acquired from the Randy Potter Estate Auctions (see Exhibits: No. 4, No. 5, No. 8, No. 14, No. 15, No. 16, No. 18 , No. 19 & No. 20), appraised by Mr. Joseph McLeod of Maslak Mcleod Gallery (see Exhibits No. 24 & No. 26) and were all part of the 'Forensic Report' evaluated by Mr. Brian Lindblom of 'The Document Examination Consultants Inc.' (see Exhibits No. 10 & No. 24).

a)

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Inscription on the reverse side of canvas - Click on image to enlarge/-

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/-

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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/ -


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"Sacred Medicine Wheel", 24"x24", © 1975 Norval Morrisseau
/Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of January 23rd, 2007 a member of Art Dealers Association of Canada (ADAC); also a member of The Canadian association of Personal Property Appraisers (CPA) - Click on image to enlarge/

b)

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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau

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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/-


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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/

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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Forensic signature analysis - Click on image to enlarge/

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"Sacred Medicine Bear", 36"x30", © 1979 Norval Morrisseau
/Professional appraisal work done by Maslak Mcleod Gallery in Toronto Ontario by Mr. Joseph McLeod who was as of January 23rd, 2007 a member of Art Dealers Association of Canada (ADAC); also a member of The Canadian association of Personal Property Appraisers (CPA); Currently part of Ugo Matulić a.k.a. Spirit Walker's Private Collection (Calgary, Alberta). - Click on image to enlarge/ -
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>>> In a recent court judgement "Hatfield vs. Artworld of Sherway" /Court File No. SC-09-087264-0000/ Judge Paul J. Martial stated the following about Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery:

“He demonstrated a superior depth of knowledge of Morrisseau…” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 25)

“The testimony of Mr. Joseph McLeod is indicative of his care and the detailed effort to confirm provenance, including the hiring of a forensic expert to examine the signature on the back of the painting indicate that he took his role to provide appraisals seriously. His testimony… demonstrates his depth of knowledge of the painter due to his lengthy association with the artist.” (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 35)

"His (Ritchie Sinclair's) methodology in identifying forgeries is clearly inadequate and suspect since he testified that he does not even view the original paintings before condemning them as fakes." (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 16)

"Mr. Robinson (of Kinsman Robinson Galleries) was qualified as an expert in the area of valuation and appraisal. His testimony however overlapped into the area of handwriting and included an analysis of syllabic and English handwriting, areas for which he was not qualified.

"He has no formal training as an expert witness in handwriting analysis and his evidence is rejected. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

"Dr. Singla's forensic evidence is preferred in this regard and his finding that it is highly probable that the painting "Wheel of Life" was painted by Norval Morrisseau was supported by his detailed technical analysis of known signatures of' Norval Morrisseau. (Judgment by Judge Paul J Martial: March 25th, 2013 - Page 37)

"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)

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CLOSING NOTES:

After almost 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.

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*/.
8.1. 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).

~ As per decision of the SUPREME COURT OF CANADA (December 22, 2009), journalists and other media, including bloggers, will be protected from lawsuits if they diligently try to verify information on matters that are in the public interest (click HERE for more information and/or check NORVAL MORRISSEAU BLOG's DISCLAIMER @ the bottom of this page ). ~ -