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PDF5 Defence – Hearn v McLeod – Shiller – Feb 2013
– “A voice from the grave” by a lawyer with “heart”
– Shiller defending an honourable guy and his genuine Morrisseau art
A Lawyer with “Heart…”
For those of you who are tittering at this point, let me introduce you to Brian Shiller, winner of all the Morrisseau “fakes” related lawsuits, and a ruthlessly effective vanquisher of their proponents.
Shiller roundly discredited in every way possible, the claims, and people put forward as “experts,” or “witnesses” (Donald Robinson and Ritchie Sinclair) by Jonathan Sommer, before multiple judges in multiple courts, including in: Hatfield v Child (the trial), Hatfield v Child (the Appeal), McDermott v McLeod (abandoned by McDermott), and White v Sinclair. Multiple Slam Dunks, all by Shiller… and ALL against the art fraudsters and their enabling lawyer.
On Dec. 4, 2017 the Hearn v McLeod trial started without McLeod, who died in May, and without Shiller.
But Jonathan Sommer is back and going to give it another try – the job pays very well – in only the second such try to claim a Morrisseau “fake” ever attempted by any lawyer in Canadian history. The first, also Sommer’s, was Hatfield v Child which spectacularly failed on every front possible, in two courts before two judges.
Till Joe died, Shiller represented Joe McLeod. And had written his Defence.
After years of ruthless attacks*** by conspiring art fraudsters behind Kevin Hearn, Joe McLeod, in his late 80s, and with his declining years totally destroyed by Sommer’s specious lawsuits (Hatfield, McDermott, Hearn) using the same totally discredited witnesses (Sinclair and Donald Robinson) whom he had used for years, sat down with Brian Shiller, who wrote down his Defence against the malicious fraudsters.
(***Including physical threats by Ritchie Sinclair, from June to December 2010. Police warned him to stop in September. When he ignored them and persisted, Toronto Police charged him with multiple counts of Criminal Harassment on Dec. 10, 2010.)
“Like Joe, talking from the grave…”
While sitting down with the 87 year-old, and ailing, Joe McLeod, I believe Brian Shiller truly wrote from the heart. Some years later, after Joe had died, in responding to a positive comment on the written defence, Shiller shyly confessed, in a rare moment of self-effacing introspection rare to find in lawyers, “I kind of consider it like Joe, talking from the grave.”
And besides writing a devastating Defence, Shiller wrote, what I consider to be a heartfelt plea against an art fraud that maliciously, and without substantiation, victimized a universally respected and very decent old man, for a lowlife pecuniary gain.
Besides doing Great Irreparable Harm to the Indigenous art and artists of Canada, decimating a small cottage industry that Judge Martial estimated to in the $50 million range. Others estimate the damage to be closer to $100 million.
The Defence, is in effect, the Last Will and Testament of the man who had, for decades, a decidedly soft spot in his heart for Indigenous art and artists, and was, for decades respected as the most senior and knowledgeable Morrisseau expert.
In a court document file box, in March 2017, I discovered a secret, unpublished copy of Carmen Robertson’s so-called “expert” report, in which she slanged – without substantiation – multiple (six) specific paintings she had never even seen, as “fakes.” (Robertson is a teacher of Visual Arts at the University of Regina.)
She slanged four of the Otavnik/Seetner family’s authenticated Morrisseaus (a highly vetted family Canada Revenue Agency tax credit donation, in 2004, to the Thunder Bay Art Gallery), as fakes, and so alleged Joe Otavnik’s family was knowingly involved in some kind of art and tax fraud.
After researching the notorious Robertson’s report in detail, I uncovered and exposed countless acts of academic malfeasance, illustrative of Robertson’s work as a so-called “researcher,” in her secret “expert” report.
I concluded that this unsubstantiated and fraudulent secret report was doing little more than fronting for a fraud, and doing GREAT IRREPARABLE HARM to the art and artists of Canada’s Indigenous people.
And there in the middle of the front page of the secret Robertson “expert” report, was hugely emblazoned the imprimatur of the University of Regina, its Department of Visual Arts, and its address, and postal code…
Robertson clearly was deliberately making aggressive use of the University of Regina’s backing, either with or without the university’s approval.
This usage of the university imprimatur was NOT a bio reference for Robertson as a university employee, which is customarily written in the back of books in the bio section. This was clearly a deliberate and huge promotional banner, designed to invoke, aggressively up front, the power of the university, and use its imprimatur front and centre of page one to try to give the contents of her secret report the apparent legitimacy and prominent backing of the university.
Defence of Responsible Communication – Before publishing my research data, I wanted to avail myself of the Defence of Responsible Communication, issued by the Hon. Chief Justice Beverley McLachlin, and her colleagues on the Supreme Court of Canada, in 2009, in Grant v Torstar.
Of tangential importance, Chief Justice McLachlin had written the Defence, as an endorsed representative of the Supreme Court of Canada, writing the majority report on behalf of her colleagues, NOT as a private citizen, off on a lark, by herself…, giving her opinion.
To intentionally give her “expert report” more weight than if she just signed it as “Beverley.” That, I consider an approved usage of institutional backing.
Similarly, it was clear that Robertson was intentionally, likewise also, prominently bannering her report, on page one, as if it too was a report, in which she was speaking – not as a private individual – but as a representative of the university, and with the endorsement of the university.
I intended to verify if this was true. Or whether it was an unapproved and intentionally false usage.
I also intended to conform to all the protocols the Supreme Court justices wrote that were incumbent on anyone intending to write on matters of “public interest.” So writers could do so freely without fear of SLAPP suits from unhappy respondents.
Legal expert, Michael Geist, has written, regarding the various protocols of the Defence, defined and detailed in Grant v Torstar, that:
“Citizen journalists should take particular note of the factor… that is, whether they have sought the plaintiff’s side of the story. In Grant the Court cautions that “in most cases, it is inherently unfair to publish defamatory allegations of fact without giving the target an opportunity to respond.”
I note that Carmen Robertson, over and over again, refused to avail herself of this Defence BEFORE setting out to slang people and their art, and especially in attacking the “provenance” of their art as forged or fraudulent.
Specifically Robertson was malfeasant in NOT contacting Joe McLeod and Joe Otavnik to get their response, and clarification on the provenance of their paintings, etc., BEFORE publishing. She also did NOT contact the consigner of this art, David Voss, or the auctioneer, Randy Potter of Kahn Auctions.
And then it gets worse.
Why did Robertson NOT insist that the painting’s BDP signature be examined by a professional handwriting expert, as any reasonable and duly diligent academic, prosecutor, or police investigator would demand? You know, check the blood evidence, the fingerprints, and the DNA on the murder weapon BEFORE sending someone to the gallows.
Was Robertson not seeking or interested in discovering the truth?
Clearly she had her mind made up ahead of time – she wanted these paintings to be fake – and she was NOT interested in the response of the people who were far more knowledgeable about the paintings than she was, or even to check if her opinion could be substantiated in any way, by any of them.
It’s not the sign of a good or credible academic researcher anywhere.
Predictably, it is why she ended up making herself look totally ludicrous with her preposterous claims about provenance related to “Spirit Energy of Mother Earth.” In fact Ritchie Sinclair’s own email in Sommer’s evidence box (the lawyer she prepared the report for) shows that Robertson was completely falsely – I believe purposively – mixing up Robert and David Voss, just to slang McLeod. The email shows Sinclair was boldly on McLeod’s side against Robertson’s slanging, citing definitively that McLeod was referencing “David” not the “Robert” Voss, as Robertson alleged, as the provenance source for the Hearn painting.
A couple of Due Diligent phone calls to McLeod, Otavnik, or Voss, could have saved Robertson tons of embarrassment and loss of face as a credible researcher, investigative journalist, and academic publisher.
I determined NOT to be similarly malfeasant.
So, on Aug. 30, 2017, I wrote a registered letter expressing my concerns to President Vianne Timmons of the University of Regina.
I asked if the university was aware of this Robertson publication, and whether the university backed it, or paid for it? That, as a Duly Diligent investigative journalist, I wanted a clarifying comment from the university on its involvement – its name was bannered front and centre – before I published.
Dr. Timmons did not respond.
I sent a second follow-up email and registered letter on Sep. 12, 2017.
Dr. Timmons again did not respond.
Clearly it appeared to me that neither the President, nor the University, cared about this report on a huge issue of public importance and national interest, that was, thanks to one of its professors, doing Great Irreparable Harm to the art and artists of Canada’s Indigenous people, all under the imprimatur of the University of Regina.
Backstabber – I received another shock on Oct. 2, 2017, when a copy of my letter, asking for information and clarification – as per my professional duty as stipulated by the Supreme Court of Canada’s “Defence of Responsible Communication” – appeared in court as a hostile weapon against my being granted intervener status in the Hearn v McLeod trial.
Who, from the University of Regina, sent this letter to the Plaintiff’s lawyer Jonathan Sommer, intending to do its secret, underhanded, and dirty deed against me, is unknown to me. It did, however, once more, indicate the direct involvement of lawyer Sommer in commissioning the Robertson report.
The letter – to which I had failed to get a university response – was now openly being used to back a fraud, on behalf of a specious lawsuit, and to attack the journalist, and public communicator, who had been front and centre in exposing the art fraud and the Morrisseau “fakes” HOAX, with spectacular success, since January 2013.
A Telling Blogging Achievement – Since I started my highly documented, single issue Blog, in January 2013, and in the five years since, the Jonathan Sommer/Sinclair combine had NOT found any new Morrisseau “fakes” cases to bring to court. NOT EVEN A SINGLE ONE…
Which is highly telling of my effectiveness as a public communicator, because both Sinclair and Sommer and their NMHS and KRG fraud collaborators claim that there are literally “thousands of fakes by umpteen forgers,” out there. Then where the hell is the beef?
Brian Shiller is the lawyer who has won ALL his Morrisseau related court actions against both Sommer and Sinclair.
National Post journalist Tristin Hopper asked Brian Shiller, who represented all the clients Sommer had targeted, to respond to Jonathan J Sommer’s claims of “fakes.” Shiller tellingly replied as quoted in full from the article:
“He noted that Mr. Sommer ‘has been making the allegation of a fraud ring for a long time now’ and that ‘we have asked him for any evidence to support the claim but no evidence has been forthcoming.” (National Post, Tristin Hopper, Feb. 3, 2014)
There have been thousands of claims filed against pedophilic priests in Canada by countless lawyers.
But Sommer remains the only lawyer – out of 90,000 in Canada – to have ever filed a Morrisseau “fakes” claim. With predictable disastrous and discreditable consequences for his claims and the people he uses as “experts,” in Hatfield v Child, where both the trial Judge and the appeal Justice “rejected” them all.
Now, with the Hearn v McLeod trial about to begin, I had available a forensic report authenticating, with DNA certainty, the same painting that Sommer’s “expert” was slanging – without credible substantiation or evidence – as “fake.”
My invoking the Responsible Communication Defence in seeking information – as Justice McLachlin and Michael Geist both had demanded – had now backfired. It – and my demand for accountability – was now being used to badass me… By people who were intent on keeping everything as secret as possible from the public.
And who were apparently totally unaware of the Ontario Protection of Public Participation Act of 2015 (Also known as the anti-SLAPP suit act.) It was designed to prevent proceedings that attempt to limit Freedom of Expression on Matters of Public Interest, aka “gag proceedings.”
On Oct. 3, I published, on my Blog, the full unedited copy of the secret Robertson report and provided the public with a downloadable pdf copy, along with my insights and further critique of the work.
After reading it, many readers expressed their outrage at the contents of this secret report.
One of the first readers of my Robertson report blog posting was Joe Otavnik.
As a longtime Morrisseau collector, and art dealer, Joe Otavnik was also outraged by what he read, especially as regards Robertson’s very pointed and public comments regarding his family’s 2004 donation to the Thunder Bay Art Gallery. He was outraged that the university was so publicly bannered, on the front page, as being involved in backing a secret report he came to regard as libelous and defamatory.
In early October, Mr. Otavnik, told me he also wrote Dr. Timmons a letter of intent to sue the university. Apparently the university lawyer replied that the university was NOT involved, that Robertson wrote this report on her own, as a private citizen.
On Nov. 3, 2017, Otavnik filed suit against Robertson for Libel and Defamation.
The Secret Robertson Report – The highly secretive Robertson Report, of 67 pages, was the second biggest book Ms. Robertson had ever written by herself. It is also the biggest illustrative book she has ever written.
Which makes it suspiciously astonishing, when I discovered she had taken great care to deliberately hide ALL mention of it, anywhere on all her other professional publications, footnotes, sources, and bios, on ALL of her publicly published or internet platforms.
Why would a reputable, or proud academic, do this, with a professional work into which she has spent so much time, money, and effort to fabricate?
This was especially odd when, in her own “sources” for the expert report, she noted a bio listing every sneeze, burp, or cough she had ever made as a writer – seven pages worth, in small script – listing every two to three page article she had ever penned.
Yet she pointedly ignores, and makes no mention anywhere – in fact deliberately makes every possible effort to hide its existence – of a huge 67 page academic tome, lavishly illustrated with dozens of colour photos, which she had written expressly for, and secretly supplied, to help Jonathan Sommer with what I consider a specious lawsuit attacking Joe McLeod and a genuine Morrisseau painting.
And against every standard of ethical research, and requisite protocol demanded by Responsible Communication, Robertson did not even talk to Joe McLeod, before aggressively slanging him and his painting – secretly of course, so he would hopefully not find out till it was too late…
The aim of Robertson’s secret report was obviously twofold:
– First, to discredit and defame Joe McLeod, formerly the Dean of English at Seneca College, and latterly the owner of the Maslak McLeod Gallery, in Toronto. McLeod had spent his early years teaching in small communities in Northern Ontario. Based on his experience with Indigenous art and artists, starting in 1959, he became known as Canada’s senior Morrisseau expert, and maintained till his death, contact with Norval’s Indigenous children.
When McLeod was artistic director of the Seneca College galleries and theatre, he had helped boost Norval’s career by arranging for him to become an artist-in-residence at the college. Joe built a well-deserved reputation, as second to none, in promoting, through his gallery, Indigenous art and artists, both First Nations and Inuit.
– Second – Robertson was trying to prove the painting “Spirit Energy of Mother Earth 1974,” which Joe had acquired and sold as a genuine Morrisseau to Kevin Hearn, was a “fake.”
The possible purpose – try to dethrone Joe McLeod as the world’s top Morrisseau expert, a title she had started to claim for herself. Nice…
The Report Exposed – It quickly becomes clear, by my close reading of the report, that the intent is clearly NOT, as a real expert is supposed to do, carry out unbiased research to establish the Truth, but to pull out all the stops to “prove” the painting is a “fake” and Joe is a crook. Not nice…
Robertson was commissioned to write the report to help out the specious Hearn v McLeod lawsuit. Doing so secretly, I believe, she was hoping to escape being professionally tainted by her helping out by claiming the painting involved was a “fake.”
When Ms. Robertson very well knew, or ought to have known*** that ALL five paintings she slanged as “fakes,” to be helpful and obliging, were genuine. Unless the internet has not yet reached Wascana Creek.
***From the long published dossier of supporting experts affirming ALL four Otavnik/Seetner paintings. From the widely published results of the Hatfield v Child Trial Judgment by Judge Martial (Mar. 25, 2013) and the Appeal Judgment by Justice Sanderson (Dec. 17, 2013) regarding Sommer’s only other (and totally disastrous) court outing claiming a Morrisseau painting was “fake.”
I believe she was trying too hard to be amenable to the wishes and win the approval of her colleagues who were clearly fronting for a documented fraud.
Robertson, as well as slanging, the four Otavnik/Seetner paintings as fakes***, and the family as some kind of art and tax fraudsters, primarily slanged “Spirit Energy of Mother Earth,” another painting she had not seen, as a fake, and the dealer who sold it, Joe McLeod as some kind of deliberate fraudster and crook. A man, as I said, she never even bothered to talk to.
***Without the public or acknowledged approval of TBAG Director Sharon Godwin, entirely on her own, Robertson published that she had discredited the formerly “authentic” paintings, down to “attributed,” the most devastating reclassification an original work can undergo in the fine art world. Meaning someone now merely “claims” it is by the artist, when everyone knows it is not… but could merely, and more likely, be a look-alike by someone unknown. In auction parlance, “attributed” means “fake.” Robertson knew it and did it deliberately to slang both genuine paintings and decent people who donated them.
The Canada Revenue Agency DOES NOT grant tax status to paintings that are merely “attributed” by someone to someone… Doing so is tax fraud.
My investigation of the Robertson report had exposed over 66 incidents of academic malfeasance. It is no mystery to me, why she took such deliberate steps to hide all public knowledge of what she did behind closed doors, clearly in aid of a specious lawsuit and a documented fraud.
That’s what the Robertson report is based on: paintings she’s never seen, people she has not talked to; documents she has not read; judicial judgments she’s sneered off and totally ignored; experts she has not consulted; and lots of dupes and pictures in books she has thumbed her way through, back home in Wascana Creek.
And a report she has secretly tried in every way, to make sure that it leaves no damaging ripple effects, anywhere in her professional academic bios.
It’s quite clear that Mr. Sommer who secretly commissioned her to fabricate her “expert” report, had failed to tell Robertson – who lives in far-off, and remote Wascana Creek, SK – of two important Ontario Court regulations, she was clearly totally ignorant of, and she believed would never apply to her and her report:
– the Ontario Protection of Public Participation Act of 2015 (Section 137 of the Courts of Justice Act), which allows the public access to ALL court documents in any case deemed to be of “public interest,” which the Hearn v McLeod lawsuit certainly is, and encourages publication of information that keeps the public informed about important public issues.
– the Ontario Rules of Civil Procedure – Rule 4.1 Duty of an Expert, that demands anyone claiming to be an “expert” must conform to it.
4.1.01(1)It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,
(a) to provide opinion evidence that is fair, objective and non-partisan;
(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and
(2)The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged. O.Reg. 438/08, s.8.
It is beyond me, how any professional, intending to be an “expert” in a court proceeding would not research the Court Rules governing the Duties of an Expert, so she could comport with its strictures… But then Robertson, again and again, just disdainfully dismisses and willfully ignores anyone and anything she disagrees with, including multiple judges, justices, forensic experts, and independent authorities, auctioneers, gallery operators, and fine art collectors.
I know of no other academic who so aggressively sports her partisan passions on the sleeve of her supposed “arm’s length” expertise.
PDF3 Forensic Report – Davies – “Spirit Energy of Mother Earth 1974″
Note: I had been gathering or taking high resolution photos of the backs of FOUR key Morrisseau BDP paintings over the years, to take to a forensic expert. This was one. When, after several years, I found a public benefactor to pay for it, I provided my high res photos. All FOUR paintings were found to be authentic Morrisseaus.
A completed forensic report on “Spirit Energy” of Sep. 25, 2017, which I produced for the court on Oct. 2, 2017, proved the painting was authentic.
WHY IS THIS TRIAL GOING ON?
It is my belief, that since the subject painting “Spirit Energy of Mother Earth” has now been proven to be a genuine work by Norval Morrisseau, by an independent handwriting professional, the forensic report killed the lawsuit entirely, in every particular – it cannot succeed on any front – because:
– IT EXTINGUISHED ANY POSSIBLE “CLOUD OF TITLE” (i.e. doubt) regarding the authorship of the art, (as Justice Sanderson told Jonathan Sommer discussing the same topic regarding “Wheel of Life” in Hatfield v Child) and that therefore:
– the lawsuit has No Cause of Action left on any level:
– UNSUBSTANTIATED ALLEGATIONS BY HEARN IT WAS “FAKE” are no longer supportable for a forensically authenticated work
– NO FRAUD WAS COMMITTED by the seller, in selling a client a proven genuine Morrisseau painting
– LACK OF DETAILED, OR ACCURATE PROVENANCE IS IMMATERIAL regarding a proven genuine work by the artist, and plays no supportive or denigrating role, whatever, about its authenticity
NOTE: NOT DISCLOSING – aka REFUSING – PROVENANCE is the universal custom in the Canadian fine art industry for a whole host of reasons. For one thing, owners do NOT want their name disclosed, to prevent burglars from breaking in. The most common term, used thousands of times in countless thousands of fine art catalogue descriptions, every year, to describe Provenance, is “Private Collection.” The “privates” are NEVER disclosed.
I have bought thousands of art and memorabilia items – including many valuable paintings – from most of Canada’s top fine art auctioneers. In not a single case would the auction house disclose who owned it before I got it. Even though I got very insistent.
If they did ‘fess up, the auction house or gallery would immediately lose that client, and every other who heard about these privacy disclosures made to buyers.
– THE EXISTENCE OR NOT, OF OTHER PURPORTED “FAKES” IS IMMATERIAL regarding this proven genuine work by the artist
– FURTHERMORE: The Hiroshima & Nagasaki Bombshell – With lawyer Jonathan Sommer, suddenly (on Oct. 3, 2017), in a stunning “bombshell” announcement, saying he was dropping from the lawsuit, the Sommer “Dream Team Duo” – Donald Robinson the “expert,” his “expert” report, and Ritchie Sinclair, the chief enabler for the lawsuit, and the chief witness – the foundational evidence, and top witnesses for the case, totally disappear from support for the Plaintiff’s Claim.
By strategically dumping the Dream Team Duo, who for nine years have been the backbone of Sommer’s two Morrisseau “fakes” cases (Hatfield v Child & Hearn v McLeod) – and the only two in Canadian history – they escape entirely, being held accountable to demonstrate their “evidence” for their fraudulent charges and their libelous and defamatory claims.
So effectively preventing cross-examination accountability that would embarrass anyone involved in setting up this fraud…
The Sommer/Sinclair Combine – Both (two) Sommer/Sinclair combine lawsuits were engineered by Ritchie Sinclair, who, in each case, convinced a person who had bought a Morrisseau painting from a gallery that had turned Sinclair down as a gallery artist, that it was a “fake,” and that they should sue the gallery. And that they should hire Jonathan Sommer, from remote rural Sutton, Quebec, as their lawyer.
Thus, thanks only to Sinclair’s engineering, Sommer became the only lawyer in Canada – out of 90,000 – to ever take a Morrisseau “fakes” case to court, the Hatfield v Child case in 2011, and “Wheel of Life 1979.” (Which Sommer disastrously lost, both at trial and in the Appeal, in 2013.)
Now he’s going to give it one more try, with Hearn v McLeod in 2017, and “Spirit Energy of Mother Earth 1974.”
Then in his Nagasaki follow-up, Sommer killed off the man, Ritchie Sinclair, who had started it all, and swept his longtime collaborator and convicted art terrorist, out of sight, leaving some minor players to fill in as witnesses.
Suddenly, the only two people with direct knowledge of the painting and its alleged “AGO” (Art Gallery of Ontario) dismounting, but who don’t want to say it, are replaced by a patch work of minor players who know nothing, but are eager to tell it…
A balloon without air… offers to take you for a ride on Dec. 4, 2017… when the Hearn v McLeod Estate trial is set to begin.
PDF4 Judgment – Hatfield v Child – Trial Judge Martial – Mar 2013
The Hatfield v Child trial was the longest fine art trial in Canadian history. In his judgment Deputy Judge Paul J Martial totally dismissed and rejected in every possible way the claims of Jonathan Sommer, his “expert,” Donald Robinson, his “expert report,” and his chief witness Ritchie Sinclair, on Mar. 25, 2013.
Martial’s judgment totally killed any pretence that Sommer and his Dream Team – at best – had a clue about what they were talking about, and – at worst – were total fraudsters because they had spectacularly failed to produce for the court, an iota of evidence for what they were saying. And that astonishing failure, was on A “FAKE” PAINTING OF THEIR OWN CHOICE… And which, turned out to be ruled 100% genuine both front and back by both the trial judge, and the Appeal Justice, as well as the forensic expert.
Judge Martial chided the Plaintiff’s lawyer, Jonathan Sommer, for failing to produce the kind and quality of witnesses he expected to see in a court case. (It was the fourth time – out of four attempts – that an “expert report” produced by Donald Robinson for a lawsuit was rejected.)
And yet, unforgivably to my mind, Jonathan Sommer appealed Judge Martial’s judgment, for his client, the gullible and deluded Margaret Hatfield.
Combined with her personal scorching – I saw her; I heard her – of the Plaintiff’s Claim, the Plaintiff, and Mr. Sommer’s arguments, Justice Mary Anne Sanderson, issued a withering judgment, that totally supported Judge Martial’s claim and found that: the painting the Sommer Dream Team called fake was 100% genuine, front and back, the Plaintiff misguided, the witnesses not believable, that none had produced credible evidence of any kind, and the lawyer as having utterly failed to produce any proof or substantiation for the claim.
Justice Sanderson targeted for special scorn (certainly, I believe, unusual for a Justice), Sommer’s “expert” Donald Robinson, who said Norval never signed a single BDP. When Judge Martial said there was “overwhelming evidence” that Norval signed possibly thousands of BDPs.
In fact documents prove Robinson had bought 31 BDPs for $54,000 from Potter auctions, and sold many as genuine Morrisseaus including Wanker #1. In fact, auctioneer Randy Potter had sold some 2,000 Morrisseaus over the years. And not a single one was ever returned as a “fake.” And no one ever demanded money back. And that includes Donald Robinson who never returned a single one of his 31 BDPs demanding a refund.
A key forensic corroborative resource for the Hatfield v Child lawsuit, regarding the authenticity of “Wheel of Life 1979,” was my own SOMA 1976.
The Deiter Voss Affidavit had provided two original BDP signatures that were authenticated as being signed by Morrisseau. SOMA 1976, provided a third authentic BDP signature, because Donald Robinson, the self-styled “world’s top Morrisseau expert,” had been the under bidder on this painting on Jan. 26, 2000.
In fact SOMA 1976, became the first Morrisseau painting to be given an authenticity rating of 100% by a forensic handwriting expert Dr. Atul K Singla PhD (Forensics). It is also, I believe, the only Morrisseau painting to have been authenticated, years apart, by two different forensic experts.
The Martial Trial, and the Sanderson Appeal had hugely, judicially established that there was “overwhelming evidence” that Norval signed possibly thousands of BDP signatures on the backs of his paintings. Both judges hugely scorched the Morrisseau “fakes” case, and quality of witnesses (uncredentialed, unqualified, untrustworthy and rejected) that Jonathan Sommer had brought to court.
By the fall of 2017 some 150 plus forensic reports had been completed, ALL finding that BDPs were authentically signed by Morrisseau. Without a single failing.
In preparation for the Hearn v McLeod trial I had sought out four specific paintings for forensic analysis, the results of which I hoped to introduce into the proceedings at some point.
The Intervener Fails; the Intervention is Highly Successful – On Oct. 2, 2017 I managed to make the court aware that I had the forensic proof that the painting called a “fake” in the Hearn trial was genuine. Justice Morgan pointed the way to get this done so it would be acceptable to the procedure. My intervention was highly successful, even though I failed to win intervener status. My forensic authentication document would be formally introduced into court by another party.
Two other people were ruthlessly determined to ignore BDP forensics of any kind, to get in their way of slanging people and their art.
Carmen Robertson, who has a long record of ignoring determinative judicial judgments, that interfere with her opinion, refused to have “Spirit Energy of Mother Earth,” a painting she had not even seen, forensically tested, before starting to slang it, and its signature as fake.
At the same time, Sommer, her commissioning lawyer, said he would NOT be using BDP forensics as part of the Hearn v McLeod case, this time around.
As preposterous as it sounds, this lawyer was saying (in Windspeaker.com), that, this time around, he was going to ignore the forensic evidence on the back of the Hearn painting, which featured a huge Morrisseau BDP signature highly suitable for scientific testing.
This was tantamount to a lawyer or prosecutor saying they were just going to ignore and NOT use the blood, the DNA, and the fingerprints on the murder weapon, this time around, in trying a defendant for murder…
And to prevent the forensics from being introduced in his court case Jonathan Sommer was ruthless in trying to get his way to prevent others from doing so.
He moved ruthlessly to try to:
– on Aug. 14, 2017 angrily yelling at John Goldi, multiple times, to “get out of the courtroom or I’ll have you thrown out” before Justice Grant R Dow entered court, where I had quietly sat down with my wife
– demand that Justice Dow throw me out of court – he refused
– block John Goldi from getting intervener status on Oct. 2, 2017
– prevent John Goldi from entering his four forensic reports to the court, especially the one authenticating the subject painting that Sommer called “fake,” as an authentic work
– prevent John Goldi from getting access to court records
– shut down John Goldi’s blog
– prevent John Goldi from attending court to stop his reporting
– demand that John Goldi be “Gagged,” fined, and incarcerated
– attack John Goldi personally, and through Sommer’s collaborators, by targeting his wife Joan Goldi who is not, and never has been, or is in any way noted or responsible in any way for TheNorvalMorrisseauHoaxExposedBlog.com
Vile Gender Bigotry – I note, in the ultimate absurdity, Carmen Robertson as the ultimate gender bigot in writing repeatedly, as she does, about Joan and John Goldi, or “the Goldis” when she has never met or contacted either my wife or myself. And though Joan Goldi is one of Canada’s most honoured award-winning film and television producers in history***, she has NEVER been noted anywhere as in any way involved in my private Blog. From where is Robertson regurgitating this mean-mouthed “wife-of” drivel?
*** I know of no other Canadian television producer who has won 130 international film and television awards. I know of no other Canadian who has won four Gold Medals for a documentary program, at an international festival. I know of no other Canadian who has won the PLATINUM super prize for Investigative Journalism at the world’s largest film and TV festival. I know of no other Canadian film or television producer who has won DOUBLE GOLDS, even once… And Joan Goldi did it three times with different programs, at three different American international film and television festivals, with one of her Silver Medalists being beaten out by one of her own Gold Medalists.
Joan Goldi clearly has enough on her plate without taking part in my own private Blog.
Longtime Sommer business partner and unceremoniously dethroned Dream Team member, the notorious art terrorist, Ritchie Sinclair, who had been discredited by judge after judge, was finally fined the maximum – $28,750 – in Small Claims Court for his libelous and defamatory web postings against James White and his genuine Morrisseau BDP art.
Wrote Judge Kilian
“… he (Sinclair) presented no evidence of any experts to substantiate his assertion.The fact that he had worked with Norval Morrisseau does not automatically make him an expert and his testimony clearly showed he is not…
“His (Sinclair’s) comments were made recklessly with total disregard for the truth or their consequences… I am satisfied that the drastic drop in the Plaintiff’s business was in large part due to the Defendant’s website… Because of his (Sinclair’s) reckless false allegations disseminated on a world-wide media…”
– Judgment, Deputy Judge CW Kilian, Toronto, Aug. 5, 2015
Justice Lederer, in 2008, was already warning the world about the clearly libelous and defamatory information that Sinclair had on his website, noting that Sinclair was making allegations about paintings he had never even seen. And was making wild conjectures about the backs of paintings for which no pictures were even published. And, said Justice Lederer, he doubted that Sinclair would ever be able to substantiate any of his claims because of the sheer number of paintings involved, none of which he had even seen, or would ever be able to.
In fact, years later, an incredulous Judge Martial also expressed his derision about Sinclair’s self-proclaimed ability to decide a painting is a fake without even seeing it.
Copycat on Wascana Creek – In fact the heart of Carmen Robertson’s secret report, and her academic research modus operandi is clearly copied from the school dropout and convicted Libeler and Defamer Sinclair. Her ludicrously small determinative database of ONLY 44 paintings includes ONLY EIGHT PAINTINGS SHE SAYS SHE HAS “OBSERVED.” The rest she has only SEEN AS DUPES in picture books or as low res jpegs. And then on that basis going on to libel and slander genuine paintings and good people.
It’s exactly what Sinclair did that got him in hot water with multiple judges and resulted in him becoming a convicted art terrorist.
I Dream of Morrisseau – It’s actually worse than that with Robertson. The evidence is ABSOLUTELY CLEAR that Robertson DID NOT EVEN SEE OR EXAMINE THOSE EIGHT “OBSERVED” PAINTINGS for the purposes of her secret slanging report. She, lists them herself, as having actually “OBSERVED” them YEARS BEFORE SHE WAS EVEN GIVEN THE JOB OF WRITING THIS REPORT BY JONATHAN SOMMER, to help him with his specious Hearn v McLeod lawsuit.
To belabour a point, Robertson – by her own documentation – makes clear that she DID NOT “examine in hand” a single painting for the purposes of this report. NOT ONE. That is academic research malfeasance of the highest order.
Convicted art terrorist Ritchie Sinclair at least was working from low res jpegs; Robertson is boldly and brashly just going on memory, TO SLANG GOOD PEOPLE AND THEIR GENUINE ART. And then wants us to take her seriously as an academic… or a Morrisseau scholar. It ain’t gonna happen.
I wouldn’t let her near any of my Morrisseaus, and knew few who would…
The Stunning Reality – This is the ONLY lawsuit in the world alleging a Morrisseau “fake.” And only the second in world history, the previous one also filed by the same Sommer/Sinclair combine.
Where’s the Smoke; Where’s the Fire – There are – as we speak – 56, that’s 56 folks, lawsuits against pedophile priests IN NEW BRUNSWICK ALONE.
Finally, even though, faced with what he clearly considered a Libeler and Defamatory publisher, Justice Lederer said FREE SPEECH was, for him, the imperative governing credo, and must stand, until the issue could be properly aired and settled in court. In spite of Sinclair publishing vile racist, libelous and defamatory stuff – for which he had NO PROOF – Justice Lederer refused to grant an injunction ordering Sinclair to take down his website and banning Sinclair from publishing.
And in fact it would take seven years until another Judge, CW Kilian, was able to look at the evidence in the spin-off from the lawsuit Justice Lederer commented on, White v Sinclair. And angrily fined Sinclair the maximum, for Libel and Defamation.
Only weeks after Judge Martial scorched Jonathan Sommer’s Dream Team in Hatfield v Child (Mar. 25, 2013) another Justice took a crack at Ritchie Sinclair, Sommer’s longtime business partner and legal advisor (May 17, 2013)
In early 2010, Sinclair had lied to Toronto Police about Joe Otavnik as being DANGEROUS, and MAKING HIM FEAR FOR HIS LIFE. And swore out a criminal complaint.
The Fraudsters in Overdrive – In fact, on Apr. 9, 2010, Sinclair had mocked up a false document for police which listed some eight people as involved in a criminal conspiracy to carry out art fraud. Sinclair listed my name, along with Joe McLeod, Ugo Matulic, Joe Otavnik, Jim White, Wolf Morrisseau, and Michael Moniz as the heart of the criminal syndicate. THAT’S SEVEN PEOPLE, NOT A SINGLE ONE OF WHOM I HAD EVEN EVER MET, AND ALSO NEVER EVEN TALKED TO ON THE PHONE, OR EMAILED. It would be months, and in some cases, years before I ever met a single one of them.
Blaming the Victim – Justice Lacavera – I heard him; I saw him – said in his judgment that Sinclair’s claims to police and his testimony on the stand were unbelievable, and repeatedly belied by his own actions, time and again. That far from Otavnik being the so-called stalker, it was Sinclair who was the stalker and the aggressor in all their encounters, and who, despite court rules, kept aggressively photographing Otavnik in courtrooms.
In fact a key document in that court proceeding was a Site Meter printout that traced a Death Threat against Ugo Matulic to Sinclair’s own home computer. Matulic reported it to the Calgary Police.
This was in 2010 when Sinclair’s physical harassment of people – including of me in a courtroom foyer – ultimately led Toronto Police to arrest him and charge him with multiple counts of Criminally Harassing the 82 year old Joe McLeod, Dec. 18, 2010.
Nothing would stop Sinclair from aggressively stalking, harassing, and physically intimidating and attacking people. In another courtroom foyer, on Mar. 7, 2014, Sinclair, this time with his roommate Garth Cole physically assaulted my witness Joe Otavnik by throwing heavy legal binders at him, on behalf of the Sommer Law Firm, while Otavnik was pulling a cart. Then Cole threw more heavy binders at my wife, as she came out of a courtroom carrying boxes. He hit her on the back shouting, “Take that you fucking bitch.”
All the while Sinclair was taking photos of the mayhem, as people looked on in amazement. I had court security force Sinclair to delete his illegal photos.
Both were working as delivery men for Jonathan Sommer’s Law Firm on that occasion.
Note: Another forensic report based on high resolution photos I provided.
A forensic report on “Warriors” of Sep. 25, 2017, which I brought to court on Oct. 2, 2017, proved the painting was authentic.
Robbie, a reader of my blog, using information and documents he found there, called me to inform me that he owned the first Morrisseau BDP painting Donald Robinson of Kinsman Robinson Galleries, had bought at Potter’s Kahn auction in 1999, “Warriors in Circle of Life 1974.” So I called it KRG “Wanker #1.” A few months later Paul Robinson, marked it up 700% and sold it to Robbie’s wife.
Wanker – Wanker comes from my compression of names of two publishers of fraudulent Morrisseau “fakes” reports – Professor Wang – one of three professors hired by the Robinsons to mock up a fakes report for them, and KR from Kinsman Robinson Galleries, therefore WangKR or Wanker.
KRG bought 31 Wankers (the Wanker 31) at Potter’s auction in 1999-2000. When the flood of cheap Morrisseaus from northern Ontario depressed the high prices he charged at his Toronto gallery Robinson knew desperate measures were called for as his business competitors outsold him. His own customers bought elsewhere.
So Robinson publicized all such BDP paintings as “fakes.” The Robinsons sold the Wanker 15 to unwitting dupes; they gave the Wanker 16 to the NMHS to use as templates to indoctrinate them with what kind of paintings KRG operatives wanted them to recognize and call “fakes,” and send to the ovens for disposal.
Mr. Robinson told Judge Martial, lamely, and with his usual dash of insincerity – I heard him; I saw him; I read it in the transcripts – he had tried to make restitution to the unhappy KRG clients who had paid big time for “fakes,” but that his records were sketchy. So was his grip on the truth. Robbie’s wife never got a call to offer restitution.
Robbie invited me over to his house to talk, and take pictures, and tried to sell Wanker #1 to me – among others he had already approached. He knew it would totally demolish Robinson and KRG as dishonest, for starters. (I told him I don’t do cheque book journalism.)
He was right. In one fell swoop Wanker #1 totally discredited Robinson as a serial perjurer before Judge Martial, and Kinsman Robinson Galleries as a hugely malfeasant and deceptive art gallery which victimizes its clients, by knowingly selling them fakes and refusing to make restitution.
It hugely proved Robinson lied to Judge Martial, about his knowledge and records of what happened to the Wankers, as sketchy, and that he sold them for “a small profit” – in fact he had marked up Warriors by 709% for resale.
And 15 years after buying the painting Robbie’s wife discovered KRG had all her vital statistics and contact information in their computer all along…
When I told Robbie that I would update the Wanker story, he was unhappy, even though he had already sent images and the information to other parties including another blogger…
Then, astonishingly and literally out of the blue, I received a very nasty, denigrating and discrediting threatening letter from Kevin Hearn lawyer Jonathan Sommer warning me of the direst consequences if I published the story of what Robbie had told me about Wanker #1, the Robinsons, and Kinsman Robinson Galleries.
It was the most aggressively vile and threatening letter I have ever received in 50 years of professional life. (It is one of the reasons I have, for years, BLOCKED the emails of Sommer and his business partner Ritchie Sinclair, from our email service. They share the notoriety, that in the entire email universe of countless hundreds of emails I receive every day from all over the world, they are the ONLY TWO accorded this distinction.)
Sommer’s sudden appearance related to Wanker #1, was astonishing, since Sommer had nothing to do with this story, and had not even been a topic of conversation with Robbie. In fact, Robbie did NOT care a hoot about the HOAX or the Hearn lawsuit.
Robbie was single-mindedly, and ONLY interested in exploiting a situation he had lucked into – thanks to my blog; he told me so – that could turn his painting into a giant cash cow for himself and his wife.
All our talk was about the Robinsons lying in front of Judge Martial, and KRG’s glaring art gallery malfeasance and deception. And discussing Robbie’s keen interest to what he repeatedly referred to as “leveraging them,” to get the maximum out of the Robinsons. I called it blackmail.
And Robbie clearly had the goods to do it.
After an hour of discussion, Robbie began to see that I was an impediment in that process. I refused to buy his painting, and intended to publish.
It turned out that Robbie recruited Sommer and saw him as an aggressive intervener to prevent me from publishing, so he could ramp up the pressure on the Robinsons to pay him top dollar to make “Wanker #1” disappear from the face of the earth…
Sommer was clearly pulling out all stops to prevent his chief “expert” and “expert report” writer, in the Hearn v McLeod, from being exposed as a serial perjurer, a liar, and a discredited art gallery operator. If I published what I had learned, he knew his top “expert” would never survive a cross-examination.
I ignored Sommer’s invective and threats and published all about Wanker #1, the Robinsons and Kinsman Robinson Galleries.
Nothing happened to me.
Thanks to my academic and journalistic rigour in publishing only the Truth, always being sure of my facts, my research, and the documents I have, with which I can back up everything I say. And because I follow stringently the terms of the Supreme Court of Canada’s “Defence of Responsible Communication” and the “Defence of Fair Comment” both defined in 2009.
The Hiroshima Moment But I believe what I exposed about Robinson in the past two years, on my blog, including the latest Forensic Report authenticating a painting Robinson called “fake,” created the Hiroshima moment on Oct. 3, 2017 when Jonathan Sommer told Justice Morgan that Robinson, his nine year long “expert” on the Sommer Dream Team, would NOT be appearing with his expert report in the Hearn v McLeod trial.
An appearance the world had been looking forward to for six long years…
Shucks. Now no cross-examination… to come up with answers for questions raised by my blog… from the world’s most discredited “art expert.”
Note: Two more forensic reports based on high resolution photos I provided.
A forensic report on “Water Spirits” and “Upper & Lower Worlds” of Sep. 25, 2017, which I brought to court on Oct. 2, 2017, proved the paintings were both authentic.
“Water Spirits” was a key Morrisseau BDP, which Bryant Ross of Coghlan Art, in Aldergrove, BC, tried to sell for years (late 1990s-2010) as a “direct-from-the-artist” Morrisseau for $12,500.
His friend Ritchie Sinclair blogged that it was a wonderful Morrisseau in 2008. (Ross had been a business collaborator with KRG, since c 1989, but especially after 2001, when Donald Robinson launched the Morrisseau “fakes” fraud in the National Post.)
For his contribution to support the Morrisseau “fakes” HOAX, in 2010 Ross publicly destroyed “Water Spirits,” by painting a red cross over it before the television cameras in Vancouver. In 2014 Ross and Sinclair put “Water Spirits” into the Ottawa SAW Gallery’s “F IS FOR FAKE” exhibition, where I saw it, and surreptitiously photographed it. Three years later I found a public benefactor to pay for a forensic examination. It proved genuine.
“Upper & Lower Worlds” was another Ross painting he had failed to sell, so, taking a leaf out of the Robinson’s play book, he just called it fake. Ross put it up in the SAW Gallery F IS FOR FAKE exhibit, all paid for by public funds and grant money. To attack decent, honest, reputable commercial art dealers on behalf of a lowlife art fraud.
I also photographed it, both front and back. It came back as genuine also.
The notorious and malicious “F IS FOR FAKE” exhibition just exposes a whole host of fraudsters in suits who had a hand in mounting this vile anti-Indigenous art and artists exhibition: Greg Hill, chief advisor from the National Gallery of Canada, Jason St-Laurent, curator, with a hate-on for commercial art galleries; Bryant Ross, Coghlan art huckster; and again, convicted art terrorist Ritchie Sinclair.
Dismount “Wheel of Life” & Public Apology – When I alerted Artworld to the calumny by the fraudsters, it forced the machinating curator, Jason St-Laurent and the SAW Gallery, to dismount “Wheel of Life” from the exhibit, and put a public apology in the Ottawa Citizen, on Sep. 3, 2014.
A Damning Slam-Dunk Against the Establishment Fraudsters – With these two new, additional forensic reports (of Sep. 2017) it proves that ALL THREE PAINTINGS that Jason St-Laurent, Greg Hill, and Ritchie Sinclair and their sneaky and anonymous “entertainment lawyer” advisor, maliciously called “fake,” were IN FACT ALL genuine Morrisseau BDP paintings.
Vicious Cultural Genocide – And they damn well knew it, but had only one interest – self-interest and promoting a fraud… no matter how much cultural destruction they were leaving in their wake…
If this is not the grossest slap in the face of the National Gallery of Canada, and its continuing malfeasance in allowing its employees to front and promote a fraud that has done Great Irreparable Harm to the Indigenous art and artists of Canada’s Indigenous people I don’t know what is…
Where are the parliamentarians in enforcing decency and ethics on employees in federal government institutions to stop their racist victimizing of Canada’s Indigenous peoples?