Joseph Otavnik v CTVGlobemedia (2014)

2014

 

SC-0000-373/14
ONTARIO SUPERIOR COURT OF JUSTICE
SMALL CLAIMS COURT
Dismissed
Joseph Otavnik
V
CTVGlobemedia
(CTV. a Division of Bell Media Inc.)

 

A September 12 2014 Small Claims Court Claim of $25.K for defamation.
 

Status: Statement of Claim filed September 12 2014 in Oshawa small claims court. Statement of Defence filed October 3 2014 for CTV. a Division of Bell Media Inc. Claim dismissed with reasons. Costs awarded to CTVGlobemedia. 

(Allegations contained in these documents have not been proven in court)
Related Media
Ritchie Sinclair appearing on Canada AM to speak about Morrisseau issues in 2014 Artworld representatives appear on Canada AM to respond to Mr. Sinclair’s allegations in 2014

John Goldi et al v Postmedia (2014)

2014

SC-0000-3873/14

ONTARIO SUPERIOR COURT OF JUSTICE
BRAMPTON SMALL CLAIMS COURT

Dismissed
Goldi Productions Ltd., John Goldi and Joan Goldi
V
Postmedia

 

A 2014 Small Claims Court Claim of $25.K

Status: A Statement of Claim filed on May 29 2014 in Brampton small claims court was Dismissed at a pre-trial Conference on January 2015. According to the Endorsement of Jan 16 2015 there was some consideration given to adding this lawsuit to the Goldi et al v Bell Media Inc. action.

 

John Goldi et al v CTVGlobemedia (2014)

2014

SC-0000-3872/14
ONTARIO SUPERIOR COURT OF JUSTICE
Brampton Small Claims Court
Dismissed on Motion
Goldi Productions Ltd., John Goldi and Joan Goldi
V
CTVGlobemedia
(CTV. a Division of Bell Media Inc.)

 

A September 12 2014 Small Claims Court Claim of $25.K for defamation.

Status: A Statement of Claim was filed May 29 2014 in Brampton small claims court and a Statement of Defence was later filed for CTV; a Division of Bell Media Inc. The Goldi Claim was Dismissed on motion with Reasons on August 3rd 2016. Costs of $3.85K plus $475 in disbursements were awarded to CTVGlobemedia. 

Related Media
Ritchie Sinclair appearing on Canada AM to speak about Morrisseau issues in 2014 Artworld representatives appear on Canada AM to respond to Mr. Sinclair’s allegations in 2014

John McDermott v Joseph McLeod & Maslak McLeod Gallery (2013)

CV-13-490894

ONTARIO SUPERIOR COURT OF JUSTICE

Abandoned
John McDermott
V
Joseph McLeod and Maslak McLeod Gallery Inc.

 

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: Statement of Claim filed October 17 2013, served October 25 2013. Statement of Defence appears to have been served in January 2014. This action was abandoned in June 2014 

 

(Allegations contained in these documents have not been proven in court)

 

 

 

Sun Nat Kim v Ritchie Sinclair (2010)

2010 
 SC-10-0010945
ONTARIO SUPERIOR COURT OF JUSTICE
(Toronto Small Claims Court)

Dismissed on Motion

Sun Nat Kim 

 
Ritchie Sinclair
A November 23 2010 Claim for $25 000
 for defamation and intentional interference with economic relations.
Status: Dismissed as a re-litigation of the Superior Court action against Sinclair. Plaintiff defaults on costs. Claim Struck. (Feb 27 2011).
(Allegations contained in these documents were not proven in court)
  • Plaintiff’s Claim: (November 23 2010)
  • Statement of Defence:
  • Endorsement (Jan 12 2011)

Joseph Otavnik v Richard H. Baker (2009)

2009

SC-09-062979
ONTARIO SUPERIOR COURT OF JUSTICE
(Small Claims)

Dismissed
Joseph Otavnik
(art retailer)
  v 
Richard H. Baker
(Norval Morrisseau Heritage Society (N.M.H.S.) member)
 
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 awarded to Richard H. Baker. Otavnik did not appear at his trial and the costs awarded to the defendant remain unpaid.
 ♦
 (Allegations contained in these documents were not proven in court)

 

Ritchie Sinclair v Joseph Otavnik (2009)

 2009

 SC-09-000872782D

ONTARIO SUPERIOR COURT OF JUSTICE

(Toronto Small Claims Court)

 Dismissed at Trial
Ritchie Sinclair
(Morrisseau’s former protégé)
Joseph Otavnik
(art retailer) 

 

A June 10 2009 Defendant’s Claim for $25 000 for defamation, harassment and vexatious litigation.
Status: Ritchie Sinclair filed a Defendant’s Claim for harassment against Joe Otavnik in the Otavnik v Sinclair   action on June 10 2009. Sinclair’s Claim was dismissed at trial however the Honourable Judge Godfrey’s Reasons produced several findings including the following extracted from his January 11 2011 Judgment:

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

Plaintiff Exhibits

On April 6 2010 Joe Otavnik was arrested and charged by the Toronto Police Service (53 Division) for the alleged assault and criminal harassment of Ritchie Sinclair. The Otavnik Criminal Court matter came to trial on Feb 24 2012 and was adjourned to March 2013. The Crown failed to prove their case beyond a reasonable doubt and Mr. Otavnik was found Not Guilty on May 17 2013. Mr. Otavnik sued the Toronto Police Services Board and four officers in Oshawa Small Claims Court in 2010 for charging him. His action was dismissed with court costs against him in December 2013, which reportedly remain unpaid.

Joseph Otavnik v Garth Cole (2009)

2009

SC-09-08444000
 ONTARIO SUPERIOR COURT OF JUSTICE
(Toronto Small Claims Court)
Dismissed at Trial
Joseph Otavnik
(art retailer) 
v
Garth Cole
(A Friend of Ritchie Sinclair and Norval Morrisseau)

 

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, for $2, Otavnik settled his Claim against Mr. Cole’s co-defendants who were Ritchie Sinclair’s lawyer (in McLeod et al v Sinclair) and his lawyer’s wife  The Otavnik Claim against Cole was dismissed at trial with court costs awarded to Mr. Cole. These costs have never been paid according to an affidavit filed by Mr. Cole in a Contempt motion brought against Mr. Otavnik in the Superior Court action Hearn v McLeod.

 

Joseph Otavnik v Ritchie Sinclair (2008)

2008

SC-09-000872782

Ontario Superior Court of Justice

(Small Claims Court)
Dismissed at Trial
Joseph Otavnik
(art retailer)
 v
Ritchie Sinclair 
(Morrisseau’s former protégé)
and 
Kinsman Robinson Galleries 
(Morrisseau principal art dealer)

 

A 22 December 2008 Claim for $10 000 for damage to property and negligence.
Status: Kinsman Robinson Galleries (KRG) filed a Defendant’s Claim against Sinclair to protect them from liability in the event of an Otavnik win. On 27 April 2009 Kinsman Robinson Galleries agreed to remove all references to Sinclair from its website and in doing so settled with Otavnik. Sinclair consented to KRG removing themselves as defendants. On January 11, 2011 Otavnik’s claim against Sinclair was dismissed at trial by the Honourable M. Donald Godfrey, Provincial Judge of the Toronto Region.

The plaintiff has failed to satisfy me on items b), c) and d). Firstly, the plaintiff has failed to satisfy me on a balance of probabilities that the statements of Mr. Sinclair are false. I am not prepared to accept the evidence of Mr. McLeod for the plaintiff over that of Mr. Robinson for the defendant as to the authenticity of the painting. Both witnesses are reputed art dealers who gave their respective opinions, but the plaintiff’s evidence did not sufficiently tip the scales in the plaintiff’s favour.

Secondly, I am not satisfied that the defendant acted with malice. The defendant appears to have worked with Norval Morrisseau for many years. His statements regarding the plaintiff’s painting, in my opinion, have been made without malice and for the purpose of reiterating previously made statements in newspaper articles and through statements made by or attributed to Morrisseau, himself. Finally, the plaintiff has failed to prove he suffered special damages.

Jan 11 2011 Judgment of Honourable Judge Godfrey

Note: The Kinsman Robinson Galleries / Joe Otavnik Minutes of Settlement (of April 27 2009) which were disclosed to the public include the concession from the Kinsman Robinson Galleries that;

“KRG will remove all references to Sinclair which it has posted on its website known as http://genuinemorrisseau.bloqspot(.the “Blog”) and will not re-publish those posts on any other website.

In this letter to Ritchie Sinclair dated May 14 2009 Kinsman Robinson Galleries sought consent to dismiss Otavnik’s claim against KRG and also the Defendant’s claim KRG had filed against Sinclair.

Joseph McLeod et al v Ritchie Sinclair (2008)

2008
 CV-08-00366828

ONTARIO SUPERIOR COURT OF JUSTICE

Abandoned
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: On an Injunction Motion heard Dec 4 and Dec 8 2008 the Honourable Justice Lederer ruled that Morrisseau.com was to remain active on the internet in the public interest, albeit with a court ordered disclaimer for the interim. 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 this action was finally dismissed as abandoned with costs ordered against the plaintiffs, which were never paid to the defendant.

(Allegations contained in these documents have not been proven in court)

FIled Exhibits