Trial Summary - Monday October 2 and Tuesday Oct 3, 2017
On Monday October 2 and Tuesday Oct 3, 2017 the Hearn v McLeod Superior Court civil trial began with several motions. Several parties pleaded for the court's permission to intervene in the Hearn v McLeod action, given the contention that defendant Joseph McLeod passed away leaving an estate on the verge of bankruptcy and no one to defend his cause.
Mr Goldi's motion was rejected without costs. A Jim White/Alan Fleishman motion to intervene will be heard on November 27th 2017 at the resumption of trial. They were Ordered to pay the costs of the trial's postponement, including hotel and travel costs for the plaintiff's wiitnesses and the plaintiff's lawyer fees. A further plaintiff's motion to seek permission to film the trial has been postponed until the resolution of the White/Fleishman motion.
The Hearn v McLeod et al Trial
This Superior Court trial began on Monday October 2nd 2017 at 393 University Ave., Courtroom 808 in Toronto, Canada
Hearn v McLeod Statement of Claim
Read the Kevin Hearn Statement of Claim
Hearn v McLeod - Statement of Defence
Read Joseph McLeod and the Maslak McLeod Gallery's Statement of Defence
Digital Image of the Subject painting
View an Image of the contested painting
Digital Image of the Subject painting (verso)
View an Image of the reverse side of the contested painting
October 2-3 2017 adjournment Decision with Reasons
Read the October 2-3 2017 adjournment Decision with Reasons
The prevalence of fakes was of deep concern to Morrisseau. In 2005, at his request, The Norval Morrisseau Heritage Society was established to compile a database of his works and to discredit the many prevalent forgeries. In 2005, the Society warned "people are buying in good faith...many will be disappointed to discover they are not Morrisseaus" and again in 2006, "There are many works available for sale to the public that are falsely attributed to Norval Morrisseau". In 2007, the Society cautioned "The market has especially been flooded with fakes in the past five years. Some of the forgeries are sold through galleries and some on the Internet through eBay and other websites". Morrisseau also engaged in more direct intervention, identifying fake and forged works available for sale, particularly those purported to be painted by him in the controversial 70s-style. More than ten sworn declarations were directed to at least seven dealers and galleries during 1993-2007, requesting that fake and forged works be removed or destroyed. These dealers include the Artworld of Sherway (2003, 2004-1, 2004-2, 2005), Gallery Sunami (2004), Maslak-McLeod Gallery (1993, 2003-1, 2003-2, 2003-3, 2004), Randy Potter Estate Auctions (2004-1, 2004-2, 2005), Woodland Art Gallery (2004) and Bearclaw Gallery (2004, 2005).