ONTARIO SUPERIOR COURT OF JUSTICE
(Toronto Small Claims Court)
(Morrisseau’s former protégé)
The harassment claim relates to a history of litigation involving Mr. Sinclair and others as defendants. Mr. Otavnik is a party plaintiff to some but not all of these actions. All these actions relate to one fundamental common issue, being the allegations of fake Morrisseau paintings.
Mr. Sinclair also alleged that Mr. Otavnik has deleted many references on the Wikipedia website relating to Norval Morrisseau and defamed Mr. Sinclair under the screen names of “123 The Habs” and “123 Maddie”. Mr. Otavnik denies using these screen names, although Mr. Sinclair established by Exhibit Eight that Mr. Otavnik has used the screen name “Maddie 123CA”.
As such, I am satisfied on a balance of probabilities that Mr. Otavnik is one and the same as “The Habs One”. I also find it is more than a coincidence that Mr. Otavnik also has the screen name of “Maddie 123CA” with AOL and that the screen names used on the Wikipedia alterations and comments are “123 Maddie” and “123 Habs”. I find that all those screen names are probably Mr. Otavnik.
Jan 11 2011 Judgment of Honourable Judge Godfrey
- Amended Defendant’s Claim (June 10 2009)
- Statement of Defence (July 5 2009)
- Responding Affidavit of Ritchie Sinclair (Motion of Dec 17 2009)
- Judgment & Reasons of the Honourable Judge Godfrey (January 11, 2011)
- Joe Otavnik / Jim White email chain (Aug 2008)