John McDermott v Joseph McLeod and Maslak McLeod Gallery Inc. (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.

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

Status: Statement of Claim filed October 17 2013, served October 25 2013. Abandoned June 2014


Sun Nat Kim v Ritchie Sinclair (2010)

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

Struck

Sun Nat Kim 

(Sunny Kim, owner of Artcube, formerly Gallery Sunami)
 
Ritchie Sinclair
(Morrisseau’s protégé)
A November 23 2010 Claim for $25 000
 for defamation and intentional interference with economic relations.

(Allegations contained in these documents were not
proven in court)

  • Plaintiff’s Claim: (November 23 2010)
  • Statement of Defence:
  • Endorsement (Jan 12 2011)
Status: Dismissed as re-litigation of the Superior Court action against Sinclair. Plaintiff defaults on costs. Claim Struck. (Feb 27 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.
 (Allegations contained in these documents were not
proven in court)

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.

Ritchie Sinclair v Joseph Otavnik (2009)

 2009

 SC-09-000872782D

ONTARIO SUPERIOR COURT OF JUSTICE

(Toronto Small Claims Court)

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

A June 10 2009 Defendant’s Claim for $25 000 for defamation, harassment and vexatious litigation. 
  • Amended Defendant’s Claim (June 10 2009)
  • Statement of Defence (July 5 2009)
  • Judgment and Reasons (Jan 11 2011)
Status: On January 11 2011 Sinclair’s claim was dismissed at trial.

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
(Ritchie Sinclair’s roommate)

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 costs awarded to Mr. Cole. 

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 protégé)
and 
Kinsman Robinson Galleries 
(Morrisseau‘s principal dealer) 

A 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.

Joseph McLeod et al v Ritchie Sinclair (2008)

2008
 CV-08-00366828

ONTARIO SUPERIOR COURT OF JUSTICE

Abandoned Claim
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. 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 dismissed as abandoned with costs ordered against the plaintiffs.