Kevin Hearn v Joseph McLeod & Maslak McLeod Gallery

2012

CV-12-455650

ONTARIO SUPERIOR COURT OF JUSTICE

Judgment on Appeal

Kevin Hearn

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.

♦

Status: Statement of Claim filed June 8 2012, J.Sommer for the Plaintiff under Simplified Procedure Rule 76. An Amended Statement of Claim was produced yet apparently not pursued to avoid further time delays. A Statement of Defence was filed on November 2012, Brian Shiller for the Defendant. Shiller reported to Sommer that Joseph McLeod passed away in August 2017. Trial began against the McLeod estate and Gallery on Oct 2-3 2017 with several intervenor motions heard. A Motion for Contempt was Heard on December 1st 2017. Motions for intervenor status were Heard on the morning of December 4th 2017. This trial began on December 4th 2017 through December 8th 2017 with the plaintiff’s evidence and continued on February 6 2018 through February 8th 2018 when the intervenor’s defence was presented. A Judgment on the matter by Superior Court Judge E. M. Morgan has been rendered for the Defendant. The Decision was Appealed and reversed.

Claim | Defence

Plaintiff’s Claim (June 8 2012)
Statement of Defence (Nov 2012)

Exhibits

Digital Image of the subject painting
Digital Image of the subject painting (verso)
Expert Report of Carmen Robertson
Affidavit of Kevin Hearn
Affidavit of Gabor Vadas
Affidavit of Tim Tait
Affidavit of Greg Hill
Affidavit of Gerald McMaster
Affidavit of Richard Baker
Filed Exhibits – Ritchie Sinclair

Motions

Intervenor Motion Decision (Heard on Oct-2-3 2017)
Motions to intervene brought by Allen Fleishman, Auction Network, 2439381 Ontario Inc., White Distribution Limited, and Nathaniel Big Canoe were Heard and Ruled upon on December 4 2017. Read the affidavit of Jim White, the affidavit of Nathaniel Big Canoe and the Notice of Motion.
On Friday December 1 2017 at Osgoode Hall in Toronto a Plaintiff’s Motion for Contempt against Ugo Matulic, John Goldi, Joan Goldi and Joseph Otavnik was Heard before Justice Morgan. Aspects of this motion were adjourned until after the Trial however respondents were cautioned and ordered to refrain from certain actions involving expert witness, Dr. Robertson. Read the Decision of Justice E.M. Morgan.
On February 8^th, 2018 Mr. Davies provided testimony about his verso signature comparison Report after being qualified as an Expert in handwriting analysis.