The estate of renowned Indigenous artist Norval Morrisseau is seeking the dismissal of a lawsuit brought by fellow painter Mark Anthony Jacobson, who alleges that Morrisseau sexually assaulted him. The estate argues that Jacobson is orchestrating a “defamation campaign” in retaliation for being denied the opportunity to be recognized as Morrisseau’s “artistic successor.”
In its response to the lawsuit filed in the British Columbia Supreme Court, the estate contends that Morrisseau was not capable of physical or social aggression during the time of the alleged assault, which took place in 2006. The estate points out that Morrisseau was suffering from advanced Parkinson’s disease, was wheelchair-bound, and had “no libido.” He died the following year at the age of 75 due to complications from his condition.
It is important to note that neither Jacobson's claims nor the estate's responses have been tested in court. According to the estate, Jacobson, in 2022, approached Cory Dingle, the CEO of the company linked to Morrisseau's estate, requesting to be promoted as Morrisseau’s “sole spiritual and artistic successor.” Dingle, in an affidavit, stated that he rejected the proposal, after which Jacobson allegedly began a “vile and profane text message and internet defamation campaign” against Morrisseau and his estate.
In his lawsuit, Jacobson claims that Morrisseau touched him inappropriately after an assistant suggested that Morrisseau could help alleviate Jacobson’s back pain. He is seeking a total of $5 million in damages, which includes general, aggravated, and punitive damages, as well as compensation for economic loss.
The estate contends that Morrisseau "in no way controlled or directed Jacobson’s life, art, or vital interests," asserting that Jacobson was not dependent on Morrisseau nor vulnerable in that context. While Jacobson admired and imitated Morrisseau, the estate makes it clear that Morrisseau was neither his mentor nor spiritual guide.
In addition to seeking the dismissal of Jacobson’s lawsuit, the estate is also requesting that Jacobson be ordered to pay damages for bringing the claim “in bad faith and for an improper purpose” along with all related legal costs. Morrisseau, celebrated for his unique contributions to contemporary Indigenous art across Canada, received several accolades, including the prestigious Order of Canada.
The estate further claims that Jacobson has adopted elements of Morrisseau’s artistic style, even naming himself "Rainbow Thunderbird" after Morrisseau’s Anishnaabek name, “Copper Thunderbird.” Moreover, the estate highlights the extensive counterfeiting of Morrisseau's artwork, stating that over 6,000 fake pieces have been identified, causing the estate losses estimated at $100 million, leading law enforcement to label this incident as the largest art fraud in history.
This ongoing legal dispute emphasizes the complexities surrounding legacy, art, and the reputations of influential artists such as Morrisseau, whose impactful career endures despite the controversies arising after his death.
