Superior and Small Claims Court Civil Litigation

  • 22. Dismissed with Reasons - John Goldi, Joan Goldi & Goldi Productions Ltd. v CTVGlobemedia (broadcaster) - A Sept. 2014 small claims court claim for $25K for defamation. - Status: A Statement of Claim and a Statement of Defence was filed in Brampton small claims court. - Status: Dismissed June 2015 with costs against the plaintiff.
  •  21. Dismissed with Reasons - Joseph Otavnik (art retailer) v CTVGlobemedia (broadcaster) - A Sept. 12 2014 small claims court claim for $25K for defamation. - Status: A Statement of Claim was filed on Sept.12 2014 and a Statement of Defence was filed on October 3 2014 in Oshawa small claims court. - Status: Dismissed June 2015.
  •  20. Active Claim - Jonathan Sommer (lawyer) v John Goldi, Joan Goldi & Goldi Productions Ltd. (collectors of art & antiques)  - A Superior Court Claim of $1,500,000 for Defamation. - Status: A Statement of Claim was filed on February 14 2014. A Statement of Defence was filed on March 27 2014.
  •  19. Dismissed as Abandoned - John McDermott (Canadian musician) v Joseph McLeod and Maslak McLeod Gallery Inc. (former art dealer and gallery) - An October 2013 Superior Court Claim of $64.5K for deceit, fraudulent misrepresentation, negligent misrepresentation, breach of fidiciary duty, breach of contract, innocent misrepresentation, and/or mistake. - Status: Abandoned June 2014.
  •  18. Active Claim - Ritchie Sinclair (Morrisseau protégé) v John Goldi, Joan Goldi (collectors of art & antiques) and Ugo Matulic (owner of the Norval Morrisseau Trading Post and author of the Norval Morrisseau Blogspot) - A Superior Court Claim of $1,300,000 for Defamation. - Status: A Statement of Claim was filed on January 31 2013 and served May 2013. A counterclaim was filed by the defendants.
  • 17. Active Claim - Kevin Hearn (of the Barenaked Ladies) v Joseph Bertram McLeod and Maslak McLeod Gallery Inc. - An October 2012 Superior Court Claim of $95,000 for fraudulent misrepresentation, loss of investment and punitive damages.- Statement of Claim filed Oct 17 2012, J.Sommer for the Plaintiff  - Brian Shiller  for the Defendant. Statement of defence filed
  • 16. Active Claim - Goldi Productions Ltd., Joan Goldi and John Goldi (collectors of art & antiques) v Ritchie Sinclair (Morrisseau protégé) - A Claim for $25.000 for defamation and injurious falsehood filed on August 31 2011 in Brampton, Ontario. - Status: According to a Feb. 8 2012 Endorsement the Claims of John Goldi and Joan Goldi were withdrawn. The Claim of Goldi Productions Ltd. remains. On Nov 16 2012 the Plaintiff moved to adjourn Trial scheduled for Nov. 19 2012 in Brampton, Ontario. The Court granted adjournment to a date to be fixed after a further Settlement Conference to be scheduled between Jan 1 2013 and June 30 2013.
  • 15. Settled -Kinsman Robinson Galleries (Morrisseau's principal dealer) v Ugo Matulic (owner of the Norval Morrisseau Trading Post and author of the Norval Morrisseau Blogspot) - A December 2010 Claim for $1.000.000 - Status: Settled, May 16 2013
  • 14. Judgment at Trial - James White (art distributor, c.o.b. as White Distribution Inc.) v Ritchie Sinclair (Morrisseau's protégé) - A November 23 2010 Claim for $25 000 for defamation and intentional interference with economic relations. - Status: To be Dismissed on June 1. 2011 as re-litigation of the Superior Court action against Sinclair in accordance with a Jan 13 2011 Endorsement. Reactivated in Oct 2012. Action stayed on Nov 7 2012 until the final dispensation of the Superior Court action against Ritchie Sinclair. This action was reinstated and won by the plaintiff in 2015.
  • 13. Struck - Sunny Kim (Gallery Sunami) v Ritchie Sinclair (Morrisseau's protégé) - A November 23 2010 Claim for $25 000 for defamation and intentional interference with economic relations. - Status: Dismissed with costs on Feb. 27 2011 in accordance with a January 13 2011 endorsement as re-litigation of the Superior Court action against Sinclair. Dismissed with costs.
  • 12. Settled - Michael Morrisseau et al (Morrisseau Family Foundation) v Gabor Vadas (Executor, trustee and sole beneficiary of Norval Morrisseau's estate). - A June 2010 Claim by Morrisseau's children have requested the court declare his will invalid and control the right to use Morrisseau's name and images, as well as the right to reproduce his artworks. - Status: An undisclosed Settlement - January 2012.
  • 11. Judgment at Trial - Maggie Hatfield (Morrisseau art collector) v Donna Child and Artworld Inc. (Artworld of Sherway) - A July 2009 Claim for $25 000 for misrepresentation and fraudulent misrepresentation. - Status: Trial: Sept 1 2011, November 16 2011. February 23/24 2012, June 4 2012. Judgment to be heard in Small Claims Court (Toronto) as scheduled for Sept. 25 2012 has been postponed by Justice Martial. March 2013 Judgment; action dismissed with costs of $1500. This action has been Appealed.
  • 10. Settled - Joseph Otavnik (art retailer) v Art Dealers Association of Canada (A.D.A.C.) - Date 2009. - Claim: Unknown. - Status: Settled
  • 9. Settled - Joseph Otavnik (art retailer) v Kinsman Robinson Galleries (Morrisseau's principal dealer) - A November 23 2009 Claim for $10 000 for contract, negligence and sale of goods. - Status: Settled for no monies.
  • 8. Dismissed at Trial - Joseph Otavnik (art retailer) v Richard Baker (Norval Morrisseau Heritage Society or N.M.H.S.) - A September 2009 Claim for $10 000 for damage to property, negligence and slander of title of painting. - Status: On 12 January 2011 Otavnik's claim was dismissed at trial with costs.
  • 7. Dismissed at Trial - Ritchie Sinclair (Morrisseau protégé) v Joseph Otavnik (art retailer) - A June 10 2009 Claim for $25 000 for defamation, harassment and vexatious litigation. - Status: On January 11 2011 Sinclair's claim against Otavnik was dismissed.
  • 6. Dismissed at Trial - Joseph Otavnik (art retailer) v Garth Cole (Ritchie Sinclair's roommate) et al (Ritchie Sinclair's lawyer in McLeod et al v Sinclair and his lawyer's wife) - A June 8 2009 Claim for $10 000 for slander of title, defamation and injurious falsehood. Status: On 8 April 2010, the morning before the trial, Otavnik agreed to settle his Claims against Sinclair's lawyer (in McLeod et al v Sinclair) and his lawyer's wife for $2. His Claim against Mr. Cole was dismissed at trial with costs awarded to Mr. Cole.
  • 5. Settled - Jonathan Browne (Morrisseau art collector) v Jackie Bugera and Bugera Holdings Ltd. (c.o.b. Bearclaw Gallery) - 15 January 2009 Claim CV-09-00370363.- Status: Undisclosed settlement in spring 2009
  • 4. Dismissed at Trial - Joseph Otavnik (art retailer) v Ritchie Sinclair (Morrisseau's protégé) and Kinsman Robinson Galleries (Morrisseau principal dealer) - 22 December 2008 Claim for $10 000 for damage to property and negligence. - Status: On 27 April 2009 Kinsman Robinson Galleries agreed to remove all references to Sinclair from its website and in doing so settled with Otavnik. On January 11, 2011 Otavnik's claim against Sinclair was dismissed at trial.
  • 3. Dismissed for delay - 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) v Ritchie Sinclair (Morrisseau's protégé) - A 21 November 2008 Claim for $17 000 000 for defamation, intentional interference with economic relations, special damages for lost sales of Norval Morrisseau paintings, punitive damages and aggravated damages. - Status: At Injunction hearings heard on December 4th and 8th 2008 the court ruled that Morrisseau.com was to remain active on the internet in the public interest. 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 April 17 2013 the Superior Court ordered this action dismissed for delay with costs awarded to Sinclair.
  • 2. Settled - Michael Moniz (art retailer "Avalon", an Ebay auction venue) v CTV Globemedia Publishing Inc. (Globe & Mail newspaper). - Status: A 2007 Claim for alleged defamation in a Globe & Mail article. On 10 March 2009 CTV Globemedia Publishing Inc. settled with Moniz for an undisclosed amount.
  • 1. Settled - Joseph Otavnik (art retailer) v Gabor Vadas (representing Norval Morrisseau as his personal caretaker, business manager and power of attorney) - A 2007 Claim for for damage to property for $10 000. - Status: On June 9 2008 Vadas settled with Otavnik for $10 000