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
"Spirit Energy of Mother Earth", © 1974 Norval Morrisseau
~ Click HERE for the inscription on canvas VERSO
Provenance: Purchased from Kahn Auctions in Pickering, Ontario; sold to Mr. Kevin Hearn by Mr. Joseph McLeod (1928-2017) of Maslak McLeod Gallery (Toronto, Ontario) & exhibited at the Art Gallery of Ontario (AGO) on June 11th, 2010 (click HERE)
> The signature painted with a dry brush (DB) technique on the verso of the above presented acrylic painting on canvas has been positively identified to have been authored by Canadian Anishinaabe/Woodland artist Norval Morrisseau.
Kenneth J. Davies
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These discoveries were conducted and documented by Full Time Forensic Document Examiner Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta).
This report is dated September 29th, 2017.
>> This report has been generated for Ugo Matulić of Calgary, Alberta and it is the eight in a series of Forensic Reports done by Mr. Davies analyzing the Signatures on artworks done by Norval Morrisseau (see ADDENDUM presented below).
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~ Dated September 29th, 2017
> Forensic Report analysis /File No. 3442-1/ by Full Time Forensic Document Examiner Mr. Kenneth J. Davies of 'Hawkeye Studios (Grapho-Lab® Services)' (Calgary, Alberta); Click on image above for the report and for the Statement of Qualifications for Mr. Davies.
Summary
Report
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Examination of Dry Brush Signature / Titling
on reverse side of presented “ Norval Morrisseau” painting
on reverse side of presented “ Norval Morrisseau” painting
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By request of Ugo Matulic of Calgary, Alberta, this
analyst has undertaken an examination and comparative analysis of the dry brush
signature, titling, dating and symbols as appearing on reverse side of the
painting identified as
“Spirit Energy of Mother
Earth” –
1974
presented
as by artist Norval Morrisseau
to make a determination as to authenticity of the dry
brush signature, titling, dating and symbols on the reverse of that subject
painting. The undersigned examiner, as prescribed by the American College of Forensic Examiners Institute, understands his duty to serve the truth, to assist the judicial process if so called upon, and to not advocate for any party in this or any such undertaking. To that end, all statements in this report are true and objective determinations based upon forensic comparative analysis of the subject material.
Methodology and Basis of the Examination:
Professional practices of document examination pertinent to questioned handwriting and signatures have been applied in this undertaking, whereby stroke characteristics broadly categorized as letter formation, slant, slope, rhythm, pressure, compression / expansion and sequence of strokes – collectively referred to as handwriting or signature writing habit – are studied, characterized and compared to determine authenticity or authorship. Examinations for authenticity may utilize macroscopic, microscopic and high resolution digital scan analysis, as well as UV, IR, light table and other dedicated light source applications, all as may be appropriate to a specific analytic requirement.
The undersigned analyst has examined more than eighty
Norval Morrisseau works, to date of this report, on canvas and other media, and
is thereby intimately familiar with the character and stroke detail that was
the authentic dry brush style and technique of signing the reverse side of
Norval Morrisseau paintings. This analyst has drawn on that extensive
experience and on comparative analysis with known Norval Morrisseau works
variously bearing ink, pencil, and, most importantly and prolifically, dry
brush signatures, handwritten titling, dating and symbols.
Paintings include, but are not limited to,
non-disputed, Affidavit supported Sacred Medicine Bear Changes 1979, SoaringThunderbird 1979; as well as Shaman Envelopes Soma 1976 and Wheel of Life 1979,
both authenticated at 100% by document examiner Dr. Atul K. Singla.
Dr. Atul K. Singla's forensic handwriting analysis,
authenticating Norval Morrisseau's signature on Wheel of Life 1979 was upheld
in Hatfield v. Child in a judgment of March 25, 2013, issued by Toronto DeputyJudge Paul J. Martial. It led him to dismiss the case which had claimed Wheel
of Life 1979 was a forgery and to declare it a genuine Morrisseau (Ontario
Small Claims Court file SC-09-07264-00).
Deputy Judge Martial's judgment, regarding the
authenticity of the signature and painting, Wheel of Life 1979, was upheld in
an Appeal hearing on December 6, 2013 by the Hon. Madam Justice Mary AnnSanderson in the Ontario Superior Court of Justice/Divisional Court. She
dismissed the Appeal, agreeing with Judge Martial that both the signature and
the painting, Wheel of Life 1979, were genuine and authentically signed by
Norval Morrisseau (Ontario Divisional Court file 2013 ONSC 7801, Dec.17, 2013).
The public Canlii reference number for this Divisional
Court hearing can be found at: www.canlii.org/en/on/onscdc/doc/2013/2013onsc7801/2013onsc7801.html
“Spirit Energy of Mother
Earth” –
1974:
"Spirit Energy of Mother Earth", © 1974 Norval Morrisseau
~ Click on image to view FRONT & the inscription on canvas VERSO
Examination:
The dry brush signature, titling, dating and symbols appearing on the reverse side of the subject painting, “Spirit Energy of Mother Earth” – 1979, was examined by this analyst as high resolution photographic images.
The dry brush signature, titling, dating and symbols appearing on the reverse side of the subject painting, “Spirit Energy of Mother Earth” – 1979, was examined by this analyst as high resolution photographic images.
The referenced image of the signature, titling, dating and symbols
(page 3 of this report) present good over all clarity, disclosing stroke
characteristics of formation, rhythm, slant, slope, pressure, and compression /
expansion of the dry brush work.
This analyst was able to enhance the clarity of the dry brush work to some degree through digital contrast and gamma adjustment of the referenced digital image, to the further support the examination and comparative analysis of the dry brush signature, titling and symbols on the reverse of that painting.
In the examination and comparison of that enhanced image, the following has been determined by this analyst:
a) To the degree that can be determined from the referenced image, the style, semi-cursive signature formation, rhythm, pressure, slant, slope, compression characteristics of the signature present as consistent within the Morrisseau style of the period.
b) To the degree that can be determined from the referenced image, the style, formation, rhythm, pressure, slant, slope and compression characteristics of the titling, including the 'dash' marks style and placement in the titling, present as consistent within the Morrisseau style of the period.
c) The style, formation and placement of the dating, the copyright symbol and the 'thunderbird' symbol representing the artist, present, individually and collectively, as consistent within the Morrisseau style of the period.
d) The relative placement of the dry brush work and the relative arrangement of the dry brush elements thereon present as consistent within the Morrisseau style of the period.
Conclusion
of the Examination:This analyst was able to enhance the clarity of the dry brush work to some degree through digital contrast and gamma adjustment of the referenced digital image, to the further support the examination and comparative analysis of the dry brush signature, titling and symbols on the reverse of that painting.
In the examination and comparison of that enhanced image, the following has been determined by this analyst:
a) To the degree that can be determined from the referenced image, the style, semi-cursive signature formation, rhythm, pressure, slant, slope, compression characteristics of the signature present as consistent within the Morrisseau style of the period.
b) To the degree that can be determined from the referenced image, the style, formation, rhythm, pressure, slant, slope and compression characteristics of the titling, including the 'dash' marks style and placement in the titling, present as consistent within the Morrisseau style of the period.
c) The style, formation and placement of the dating, the copyright symbol and the 'thunderbird' symbol representing the artist, present, individually and collectively, as consistent within the Morrisseau style of the period.
d) The relative placement of the dry brush work and the relative arrangement of the dry brush elements thereon present as consistent within the Morrisseau style of the period.
Solely on the basis of the examination of the referenced image of the dry brush signature, titling, dating and symbols as appearing and visible in its entirety on the reverse side of the subject painting, “Spirit Energy of Mother Earth” - 1974, and with due consideration of some limitation imposed in examination only of the image as referenced in this report, this analyst has determined that formation, rhythm, pressure, compression / expansion, slant, stroke sequence characteristics and relative placement of signature, titling, symbols (copyright; optional thunderbird), dating, and 'dash' marks – visible in its entirety to examination – are consistent and without contradiction of known works of dry brush signed paintings of Norval Morrisseau of the period.
It is therefore the finding of this analyst within a reasonable degree of certainty that the dry brush work on “ Spirit Energy of Mother Earth” - 1974 is authentically and entirely that of Norval Morrisseau.
High Degree of Certainty : beyond any doubt - 90%+
* Reasonable Degree of Certainty : highly confident result- 80-90%
High Degree of Probability : has strong support - 70-80%
Reasonable Degree of Probability : support weighs in favour - 60-70%
Inconclusive : insufficient / deficient documentation
Note: A more definitive finding than the results and conclusion stated in this report may only be obtained from examination of the original dry brush 'signature' subject of this report.
Signed
Kenneth J. Davies, B.SC C.Ga CFC
Examiner, Questioned Documents / Handwriting & Signatures Grapho-Lab® Services - Hawkeye Studios
75 Bernard Drive NW Calgary AB Canada T3K2B5 ph. 403.295.3556 fax 403.398.1522
High Degree of Probability : has strong support - 70-80%
Reasonable Degree of Probability : support weighs in favour - 60-70%
Inconclusive : insufficient / deficient documentation
Note: A more definitive finding than the results and conclusion stated in this report may only be obtained from examination of the original dry brush 'signature' subject of this report.
Signed
Kenneth J. Davies, B.SC C.Ga CFC
Examiner, Questioned Documents / Handwriting & Signatures Grapho-Lab® Services - Hawkeye Studios
75 Bernard Drive NW Calgary AB Canada T3K2B5 ph. 403.295.3556 fax 403.398.1522
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