Wednesday, March 11, 2020

Twentieth Anniversary of KRG selling the First genuine Norval Morrisseau painting acquired by Donald Robinson from Kahn Auctions, Certified Authentic by Forensic Science


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






"Warriors in Circle of Life," acrylic on canvas, 34" x 32",
© 1974 Norval Morrisseau /Click on image to Enlarge/ 

 PROVENANCE: Acquired by Mr. David Voss of Thunder Bay, Ontario who supplied it to Mr. Randy Potter of Kahn Auctions, Pickering, Ontario. It was purchased on September 29th, 1999 by Mr. Donald Robinson of Kinsman Robinson Galleries (KRG).
/Click on image to Enlarge/
Paul Robinson
~ This painting, was sold to Ms. Jane Brown (Battye) TWENTY YEARS AGO TODAY on March 11, 2000 by Mr. Paul Robinson of Kinsman Robinson Galleries, Toronto Ontario.
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I have received the following e-mail with Mr. Robert Battye of Oakville, Ontario on April 27th, 2015:

 "Hello Ugo

Thank you for writing your blog. 

 I've spent the last few nights intensely reading your and the hoax blog, trying to make sense of this entire Morrisseau fake scene. 

 Something of interest to you, or maybe not. 

 My wife bought  a acrylic on canvas from KRG in spring 2000.  The title is Warrior and the Wheel of life.  It has Norval's signature on the back,with the title.  Looks similar to the one in the Art World of Sherway case.  


I think it's  part of the paintings bought from Randy Potter, that the hoaxs refers to as the Wanker 31 and she still has the invoice from KRG, signed.  

 I'm not sure how accurate everything is online, but it's upsetting to my wife that she bought a painting from KRG, and now it seems as if they are calling it (along with all paintings signed on the back) a fake.  

 I'm not interested in causing a big stink publicly about this, but I'm curious to know your opinion.  
Thanks for your time, Rob"

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/An e-mail communication shown herein is presented in the public's interest/


 NOTE: Subsequent e-mail dated April 28th, 2015 by Mr. Robert Battye included images of the front and back side of the painting titled "Warriors in Circle of Life;" mistakenly titled "Warrior and the Wheel of life" in his previous e-mail, shown above.
Dr. Carmen Robertson* would consider this genuine Norval Morrisseau painting from Kahn Auctions, purchased by Mr. Donald Robinson and sold through KRG by Mr. Paul Robinson, to be the FAKE!

* - 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)

 ~ This and other genuine Norval Morrisseau paintings purchased by Mr. Donald Robinson of Kinsman Robinson Galleries (KRG) and submitted as the alleged samples of FAKES to the Norval Morrisseau Heritage Society (NMHS) were signed by the artist with a dry brush (DB) technique (See ADDITIONAL INFORMATION below).


Norval Morrisseau @ NMHS, Toronto October 2005


> ARE THESE GENUINE NORVAL MORRISSEAU PAINTINGS EVER GOING TO BE SUBMITTED FOR AN INDEPENDENT SIGNATURE FORENSIC ANALYSIS?






FORENSIC DOCUMENT EXAMINER'S FINDINGS:

> 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

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 25th, 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 25th, 2017

/Click on image to Download/
> 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.

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Examination of  Dry Brush Signature / Titling   

on reverse side of presented “  Norval Morrisseau”   paintings 

6th   Summary Report
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By request of Ugo Matulic of Calgary, Alberta, this analyst has undertaken an examination and comparative analysis of dry brush handwriting and signatures as appearing on reverse side of three paintings presented as by artist Norval Morrisseau and identified as  
“Spirit Energy of Mother Earth” – 1974

“Warriors in Circle of Life” – 1974

“Upper and Lower Worlds” – 1978


to make determinations as to authenticity of the three subject paintings based upon the dry brush signature, titling and symbols on the reverse of these subject paintings.

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, 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
The analyses that are the subjects of this report utilized high resolution images of the signature and handwriting / titling on the reverse of the subject paintings, Spirit Energy of Mother Earth; Warriors in Circle of Life; Upper and Lower Worlds. 

“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


In examining and comparing the dry brush signature, titling and symbols presenting as that of Norval Morrisseau on Spirit Energy of Mother Earth,   1974, 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 is authentically and entirely that of Norval Morrisseau. 

“Warriors in Circle of Life”  – 1974   
















 "Warriors in Circle of Life," acrylic on canvas, 34" x 32",

© 1974 Norval Morrisseau /Click on image to Enlarge/ 


 In examining and comparing the dry brush signature, titling and symbols presenting as that of Norval Morrisseau on Warriors in Circle of Life, 1974, this analyst has determined that formation, rhythm, pressure, compression / expansion, slant, stroke sequence characteristics and relative placement of signature, titling, copyright, 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 Warriors in Circle of Life is authentically and entirely that of Norval Morrisseau.   


“Upper and Lower Worlds”  – 1978











"Upper and Lower Worlds," 34" x 80", © 1978 Norval Morrisseau

In examining and comparing the dry brush signature, titling and symbols presenting as that of Norval Morrisseau on Upper and Lower Worlds 1978, this analyst has determined that formation, rhythm, pressure, compression / expansion, slant, stroke sequence characteristics and relative placement of signature, titling, copyright, dating, and 'dash' marks – visible to a high degree 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 Upper and Lower Worlds is authentically and entirely that of Norval Morrisseau.

Summary of the Conclusion of the Examination: 
In summary of the resultant findings in the authentication of the three Norval Morrisseau paintings that are the subjects of this report – 

“Spirit Energy of Mother Earth” – 1974

“Warriors in Circle of Life” – 1974

“Upper and Lower Worlds” – 1978


and with due consideration given to some limitation imposed in examination of photographic / scanned images, it is the over all finding of this analyst, within a *reasonable degree of certainty, that the dry brush signatures, titling, and symbols on the reverse of each of the three subject paintings as captioned above are authentically and entirely by Norval Morrisseau. 


Evaluation Scale:
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 





Photography by John Goldi CSC; 



All of Norval Morrisseau paintings acquired from Mr. Potter's Kahn Auctions (Randy Potter Estate Auctions) that were analyzed for artist's signatures were forensically authenticated by three top internationally recognized Forensic Document Examiners and Handwriting Experts from Ottawa, Toronto and Calgary (click HERE).





ADDITIONAL INFO: Below presented is a comment from Kinsman Robinson Galleries' Blog post titled "Will the real SpiritWalker please stand up?":
















As per above noted KRG's statement that "a reputable dealer will always stand behind the collector who purchases from them"... it is obvious that Kinsman Robinson Galleries' actions are not in line with their statement as Ms. Jane Battye's husband expressed her concern to Mr. John Goldi and myself (Ugo Matulic) of KRG calling the above presented painting "a fake" after selling it to her as "a genuine" Norval Morrisseau artwork.
    
~ (click HERE to view screen capture of the post originally published on 05/07/2008; with this one and all other pertaining comments before it was deleted by KRG Blog Master)


ADDITIONAL INFORMATION:

Donald Robinson

Over the period between late 1999 and early 2000 Mr. Donald Robinson successfully purchased 28 lots of paintings in the amount of $53,238.73 including GST from the Kahn Auctions, Pickering, Ontario.

 The below presented receipt was the first one in series. He openly encouraged other people to buy them and unsuccessfully bid on another 40 to 60 more paintings from the same auction house.


























~ Dated September 29th, 1999
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- Receipt made out to Mr. Donald Robinson of Kinsman Robinson Galleries at Kahn Auctions showing "Warriors in Circle of Life" listed (Lot #98) /Click on image to enlarge/

> Mr. Donald Robinson of Kinsman Robinson Galleries in his blog's post of August 28th, 2008 'Fighting smears: Auction canvases' (click HERE to view its screen capture before it was deleted by KRG Blog Master) extended his knowledge of Norval Morrisseau's art to that "of an expert" claiming "After investigation, we found that none of these paintings had heavy black, faded writing on the back. Even today. I have never seen a Morrisseau painting, with a provenance traceable back to the artist, with this kind of writing on the back".

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/Part of KRG's $1,000,000 SLAPP suit against Ugo Matulic /
> Part of Statement of Claim <
CASE WON BY THE DEFENDANT

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"Devouring Watercat", acrylic on canvas, 36"x36", © 1970 Norval Morrisseau ~ Previously presented on this blog (click HERE)
/Click on image to Enlarge/

 The above presented painting "Devouring Watercat", 1970 was sold at 'LEVIS Auctions' (Calgary, Alberta) on April 18th, 2004, came with a provenance traceable back to Kinsman Robinson Galleries (see image below) which directly contradicts their assertions. This ideal that Norval rarely if ever signed the back of his painting is clearly intended to cause confusion in the marketplace. This contention with respect to the work of Norval Morrisseau is completely false, misleading and clearly wrong. To view other examples of Norval Morrisseau paintings traced back to Kinsman Robinson Galleries that are signed, dated and titled on the reverse side of canvas, click HERE).

 Mr. Morrisseau at times only signed the front of his paintings, sometimes only the back with his Cree syllabics (for 'Copper Thunderbird') on the front, sometimes he would place only his Cree syllabics on the front etc. There was no set manner in which Norval signed his artworks throughout his career (click HERE for more information on Norval Morrisseau signing habits).

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-Auction Lot #088 from April 18th, 2004 'LEVIS Auctions'
~ Estimate: $2,500/3,000; Sold for $3,680 /Click on image to Enlarge/

NOTE: This painting was previously part of Mr. Rolf Schnieder's Private Collection (Thunder Bay, Ontario) and presented in June 2004 on Mr. Gary Lamont's website: www.woodlanartgallery.com (at later time located at www.woodlandartgallery.ca).
Ref: The above information was previously presented material from the NORVAL MORRISSEAU BLOG specified in Plaintinffs' 'Statement of Claim' (DEC 2010) alleging Defamation: Action of Deception by KRG (Part III) (DEC 7, 2009).

 IMPORTANT NOTE: Below presented is a an excerpt from Kinsman Robinson Galleries' Blog post titled "Fighting Smears: Auction Canvases" originally published on August 28th, 2008:





















As per above noted Donald Robinson's statement that "before he became suspicious of these paintings, KRG sold a small number of lesser works at a different out-of-town auctions and they stored the rest of them in rolls for long-term use as a hedge in case their regular supply of paintings, directly from the artist, ceased for any reason"... Mr. Robinson had not stated that Kinsman Robinson Galleries also sold some of the paintings purchased at Kahn Auctions directly through Kinsman Robinson Galleries, therefore he had misinformed the public.

 Also, by stating that "the paintings that he purchased were by a proficient artist, who might more appropriately be labeled "School of Morrisseau," with his own-easily recognizable-style, but they were not by Norval," Mr. Donald Robinson labeled "all genuine Norval Morrisseau paintings" he purchased at Kahn Auctions "as fakes."    

~ (click HERE to view screen capture of the above post originally published on 08/28/2008 in its entirety before it was deleted by KRG Blog Master)









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With this recent finding Mr. Donald Robinson actually perjured himself in court case Otavnik Vs Sinclair SC 09-00082782-0000 which was concluded NINE YEARS AGO on January 11th, 2011.

See Mr. Robinsons testimony where he stated that KRG "had bought back two or three paintings from their private clients." Mr. Donald Robinson had also stated that they "haven't done anything about the auctions because everyone knows in the art business that auctions are buyer beware."

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"AS PER RELIABLE INFORMATION SOURCE, KINSMAN ROBINSON GALLERIES RECENTLY BOUGHT THIS PAINTING BACK BY GIVING THE PAINTING'S OWNER A GALLERY CREDIT FOR THE AMOUNT OF $25,000."


~ For additional information click HERE.


Exhibit No. 8

- APPRAISALS DONE BY KINSMAN ROBINSON GALLERIES FOR PAINTINGS PURCHASED FROM KAHN AUCTIONS
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Kinsman Robinson Galleries claim to be experts with respect to the authenticity of Norval Morrisseau paintings. Presented below shows an appraisal done by Kinsman Robinson Galleries from a client who clearly states where the paintings were purchased (Kahn Auctions*) and the subsequent appraisal as of August 18th, 1999. Also, another appraisal done on October 30th, 2001 of the paintings also purchased at Kahn Auctions has been presented. In both cases the Kinsman Robinson Galleries provided appraisals. It is funny that the same auction house where Mr. Robinson purchased his Morrisseaus says are now fakes were appraised and authenticated by his own gallery as being authentic.
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NOTE: The first presented appraisal was issued to a KRG's client on August 18th, 1999 which is a month before Norval Morrisseau went together with Gabor Vadas to Manitoulin Island as per 'Exhibit No. 3' and the second appraisal was issued just five months after the 'National Post' article was published as per 'Exhibit No. 5'.
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~ Dated August 18th, 1999

 -- Kinsman Robinson Galleries Art Appraisal for Mr. Matt Fountain
for art purchased at Kahn Auctions (Signed by Mr. Paul C. H. Robinson) /Click on image to enlarge/-

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-~ Dated October 30th, 2001
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- Kinsman Robinson Galleries Art Appraisal for Mr. Jonas Plis
for art purchased at Kahn Auctions (Signed by Mr. Paul C. H. Robinson) /Click on image to enlarge/
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* - 'Randy Potter Estate Auctions'


 NOTES: It is critical to note the date on the second appraisal done by Mr. Paul C. H. Robinson of Kinsman Robinson Galleries. The document is dated October 30, 2001 which was five months after Donald Robinson of Kinsman Robinson Galleries launched a market espionage attack on Khan Auction with 28 paintings that Donald Robinson had purchased from said auction house (see Exhibit No. 5 for the 'National Post' article from May 18, 2001). These 28 paintings were never returned nor money was ever refunded back to Donald Robinson of Kinsman Robinson Galleries. The presiding auctioneer Mr. Randy Potter had never been approached by Mr. Donald Robinson for a refund. Mr. Randy Potter would have gladly and consented to this request if it had been made. Mr. Donald Robinson successfully purchased 28 lots of paintings in the amount of $53,238.73 including GST during the timeframe between late 1999 and early 2000 (see Exhibit No. 4 for the receipts from Kahn Auctions showing the Norval Morrisseau paintings sold to Mr. Donald Robinson).

The four paintings presented herein that were appraised by Kinsman Robinson galleries are of the same typical style and quality pieces from the 1970's that Norval Morrisseau has become so famous for.

Whatever became of these 28 paintings one must ask? They were never returned as logic would dictate but were given supposedly to the Norval Morrisseau Heritage Society (NMHS) for research purposes.

 So, Mr. Paul C. H. Robinson how do you explain your strange actions? Five months previuosly you and your father are dissing 28 paintings from Kahn Auction but yet you were appraising four paintings coming from the same source and supplier (i.e. Randy Potter > David Voss, Thunder Bay, Ontario)? /see Exhibit No. 9/
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 ADDENDUM #1: 

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-Bottom: Images of front and back sides of the genuine Norval Morrisseau painting 'We Are All One', 58"x71", 1979; purchased by Mr. Matt Fountain at Kahn Auctions, Pickering Ontario; Top: Kinsman Robinson Galleries Art Appraisal for Mr. Matt Fountain for art purchased at Kahn Auctions (see above); including this genuine Norval Morrisseau painting titled 'We Are All One', 1979 (Signed by Mr. Paul C. H. Robinson) - Dated August 18th, 1999. /Click on image to Enlarge/
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NOTE: Even the above painting has been inscribed on the canvas verso with black paint and appraised by Paul C. H. Robinson of the Kinsman Robinson Galleries.

* - Click HERE to learn more about other Norval Morrisseau conspirators stating that Norval Morrisseau never signed and titled his artworks in black-brushed paint.
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"Integrity is not a 90 percent thing, not a 95 percent thing; either you have it or you don't."
~ Peter Scotese
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~ 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 ). ~

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