Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #10

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Re post.rbbm
Dec 13 2018
Where is Honey Sherman’s will?
"Today, a year after the founder of generic drug giant Apotex and his wife were slain, the revelation that the financial affairs of one of Canada's wealthiest couples were not in order when they died is just one of a string of mysteries in the case."

"We don't know who the beneficiaries are, if there is a will," Sherman estate lawyer Timothy Youdan told a court hearing in July. "We don't know if there is no will." To proceed with the administration of the couple's estate, Youdan filed a document asking for the "appointment of estate trustee without a will in the estate of Honey Sherman."

"In his first of two sealing orders, Ontario Superior Court Justice Sean Dunphy wrote in June that the file contains "confidential materials of potential relevance to the police investigation." Whether the Toronto police have been provided this information, neither the police or the family will say.

When Dunphy later issued a two-year blanket seal, he said he did so to protect the "privacy and dignity" of the both the late Sherman couple and their loved ones. Dunphy also said he was doing it out of concern that the killers, who have never been caught, would harm someone else."

One of the intricacies of estate law is the "simultaneous death" situation, in which spouses die at roughly the same time (car and airplane accidents being the most common examples). In the Sherman case, both were last seen alive on the evening of Dec. 13, 2017: Honey left a meeting at Apotex headquarters with her husband and the architects of a planned Forest Hill home around 6:30 p.m., and Barry left his office at 8:30 p.m. One scenario under investigation by police, sources say, is that Honey arrived home shortly after 7 p.m. and was surprised by an attacker or attackers; the same happened to Barry when he arrived home later, around 9 p.m."

"In the hearing before Dunphy, Youdan said simply, "We do not know the order of death."
 
The property was in HS’s name alone. The Star reported that her will was not found; I wonder if that complicates matters.

Even if the Shermans died hours apart, by the time they were found it might be difficult to pinpoint their times of death.

On the TPS list of unsolved murders, the homicide number for BS is listed *before* HS. That may mean nothing, they may just had to assign a number, but it stuck out to me.
View attachment 163077


Toronto Police Service :: To Serve and Protect

In the above page, murder victim MY is listed as the 61st homicide. He was dicovered at around 12:30 am approximately 10-11 hours before, on the day the Shermans were found. The Shermans are numbers 64 and 65.

The 62nd and 63rd homicides are not there. Were there four murders between 12:30 am and 11:45 am on December 15th, 2017? I may not have searched hard enough, but I didn’t find those two on a list or in the news.

Or were there four murders between December 15-31, 2017 and the numbering is off?
The numbering is for sure off, since they are numbered according to when they were known to be murders, and it wasn't officially declared until sometime in later January that the Sherman deaths were murders. The MY victim was killed *after* B&H, when in fact he was murdered after them. We should however, be able to figure out who the victims were who are listed after MY's murder if we do some digging? (Or not??)
 
That is my understanding as well.

Also, if there is no clause in the will (common disaster clause) and it cannot be determined which spouse died first, their estates are treated as though each spouse survived the other.

H’s & B’s wills would be settled independent of each other.

The Star’s story about HS’s will makes it sound as though it matters who died first, even if it was a matter of hours.

Not certain but I think, because they were spouses, the wills can be set aside and the beneficiaries dictated by law or a court settlement.

There is precedent for this to happen. That way, the children/grandchildren will inherit the estate.
 
Found this, which is supposed to be a complete listing of the 66 homicides in Toronto in 2017 (numbering is different in this list):

Toronto Homicide Victim List 2017 | Homicide Canada
Thank you, I was looking for that.

I don’t recall- were any of Bruce McArthur’s victims found around December 15th, 2017?

IIRC, H & B Sherman were the last (found) homicides of 2017. That might have changed with the McArthur investigation.
 
Thank you, I was looking for that.

I don’t recall- were any of Bruce McArthur’s victims found around December 15th, 2017?

IIRC, H & B Sherman were the last (found) homicides of 2017. That might have changed with the McArthur investigation.
I think they discovered MY's murder after the Shermans. Not sure on the McArthur homicides, but the one list seems to indicate that those 3 are after the Shermans (so were they even perhaps discovered in 2018 but backdated to 2017?)
 
I think they discovered MY's murder after the Shermans. Not sure on the McArthur homicides, but the one list seems to indicate that those 3 are after the Shermans (so were they even perhaps discovered in 2018 but backdated to 2017?)

I had the timing wrong, you’re correct! Sorry!:

Toronto Police have identified a man killed in a weekend shooting near St. Lawrence Market.

Mark Young, 52, of Toronto, was shot at about 12:30 a.m. on Saturday at 25 Henry Lane Terrace, near The Esplanade and Lower Jarvis Street.

https://www.google.ca/amp/s/www.cbc.ca/amp/1.4453867

Police said the incident has the earmarks of a “targeted shooting,” but have not yet released a description of a suspect or suspects.

https://www.google.ca/amp/s/toronto.citynews.ca/2017/12/18/henry-lane-shooting-victim/amp/

MY, also a targeted murder, found more than 12 hours *after* the Shermans were found.
 
I had the timing wrong, you’re correct! Sorry!:



https://www.google.ca/amp/s/www.cbc.ca/amp/1.4453867



https://www.google.ca/amp/s/toronto.citynews.ca/2017/12/18/henry-lane-shooting-victim/amp/

MY, also a targeted murder, found more than 12 hours *after* the Shermans were found.

Rather unusual, if LE have surveillance footage involving MY’s murder that it hasn’t been released, nor a suspect description, as his murder remains unsolved as well. A very remote possibility of a connection to the Sherman homicides, an accomplice who was silenced.

Police are looking at surveillance footage and are asking anyone with information to contact them immediately. No suspect descriptions have been released yet...”
Man shot dead in TCH building in St. Lawrence area identified | The Star
 
The numbering is for sure off, since they are numbered according to when they were known to be murders, and it wasn't officially declared until sometime in later January that the Sherman deaths were murders. The MY victim was killed *after* B&H, when in fact he was murdered after them. We should however, be able to figure out who the victims were who are listed after MY's murder if we do some digging? (Or not??)

I hope TPS Homicide Unit applies greater accuracy to their actual investigations because did you notice the Unsolved page indicates police responded to an emergency call at about 12:46 p.m. (assuming that’s incorrect).
Toronto Police Service :: To Serve and Protect

Because it’s been consistently reported from the onset the time was just before 11:45 am and I highly doubt it took an hour for TPS to follow emergency crews.

Emergency crews were initially dispatched to the Sherman home just before 11:45 a.m. Friday on a medical call. When crews arrived, they found the couple dead, under circumstances that police described as suspicious.”
Homicide police now investigating deaths of billionaire Barry Sherman, wife Honey
 
To be precise, Warmington says quite clearly at 8:09 that he doesn't know who the suspects are.
Right, but he also says "some you know, some you don't". How would he possibly be able to make that statement if he didn't know who the suspects are?

He also says something to the effect of "If this indeed was a murder" leading me to believe there may be doubt in his mind.

Another interesting piece of information that we get from the podcast is that Warmington's boss, Paul Godfrey, was "not happy" with the idea of murder suicide. In my opinion Warmington is now simply playing along, only reporting what TPS, Greenspan or Godfrey want him to report. I firmly believe that not even Warmington is buying in to what he is saying anymore.
 
If it’s true Jack Kay was legally appointed as one of the trustees of the Shermans estates, it possible he was legally appointed to act in the capacity of Chairman on behalf of the Sherman estate. The other reason I think so is because prior to the homicides, Kay’s capacity was vice-chairman. Typically the role of the vice-chairman is to temporarily take over the duties of the Chairman in their absence.

But then after the Estate business is all settled and finalized, the role of Trustee of the Estate is also concluded and so that in itself triggers “the dismissal” of the acting Chairman. Although that would make for a far less sensationalistic news report....

I don’t believe JS has any intention of attempting to run Apotex on the longterm. But as new owners, as it appears the Estate has been finalized and the company has now been turned over to them or JS wouldn’t be perceived to be taking control. If it’s for sale privately or a public share offering is in the works, somebody has to become directly involved. Silence from other key principles at Apotex is very noticeable.

What makes you think the estate business is settled and finalized? They only applied for probate in the summer.
 
What makes you think the estate business is settled and finalized? They only applied for probate in the summer.

It’s common for wealthy individuals to have two wills, separating what requires to be probated and what not. It appears the ownership of Apotex was layered beneath a Private Holding company.

BBM

Apotex Holdings, Inc., through its subsidiaries, engages in the research, development, manufacture, and marketing of generic pharmaceutical products in Canada and internationally. It also researches, develops, manufactures, and distributes fine chemicals, nonprescription and private label medicines, and disposable plastics for medical use. The company sells its products through pharmacies and healthcare facilities. The company is based in Weston, Canada. Apotex Holdings, Inc. operates as a subsidiary of Sherfam Inc.
Bloomberg - Are you a robot?

****

A Private Holding Company
The surviving directors of your private company would normally not require probate of your Will to transfer your shares in the company to your beneficiaries. However, using a private company has special tax considerations when transferring assets into and out from the company. Again, this requires careful corporate and estate planning.
Ontario Probate Tax - Allen & Allen
 
Most of the Apotex shares would fall under the second will. Transmitting them to beneficiaries would be simple paperwork.

Do you seriously think the executors have obtained a clearance certificate at this time?

In what world can a multi billion dollar estate be wrapped up in six months?

It’s been a year since the deaths and the Estate files are sealed. Far fetched yes but for all we know shares could’ve already been passed onto the children while the couple was still alive.
 
It’s been a year since the deaths and the Estate files are sealed. Far fetched yes but for all we know shares could’ve already been passed onto the children while the couple was still alive.

Shares yes but you concluded the estate has been settled. That means all assets.

It’s your firm opinion that CRA clearance has been obtained? Don’t you think that is quick?

You know the house hasn’t been sold?

So you acknowledge it is far fetched, but it’s still a conclusion you have reached, based in sealed court files.

Please expand.
 
It’s common for wealthy individuals to have two wills, separating what requires to be probated and what not. It appears the ownership of Apotex was layered beneath a Private Holding company.

BBM

Apotex Holdings, Inc., through its subsidiaries, engages in the research, development, manufacture, and marketing of generic pharmaceutical products in Canada and internationally. It also researches, develops, manufactures, and distributes fine chemicals, nonprescription and private label medicines, and disposable plastics for medical use. The company sells its products through pharmacies and healthcare facilities. The company is based in Weston, Canada. Apotex Holdings, Inc. operates as a subsidiary of Sherfam Inc.
Bloomberg - Are you a robot?

****

A Private Holding Company
The surviving directors of your private company would normally not require probate of your Will to transfer your shares in the company to your beneficiaries. However, using a private company has special tax considerations when transferring assets into and out from the company. Again, this requires careful corporate and estate planning.
Ontario Probate Tax - Allen & Allen

The estate involves both wills. I’ve acknowledged the second will. Please explain. Why you think I need this aspect explained to me.

Is your conclusion based entirely on this article?

In your mind, when is an estate settled as you have concluded. Please explain in detail.
 
Shares yes but you concluded the estate has been settled. That means all assets.

It’s your firm opinion that CRA clearance has been obtained? Don’t you think that is quick?

You know the house hasn’t been sold?

So you acknowledge it is far fetched, but it’s still a conclusion you have reached, based in sealed court files.

Please expand.

Whether the estates are fully settled or not, I can certainly understand why beneficiaries would not list any properties on the open real estate market considering nobody’s been charged with the murders yet and the possible connection to the scene of the murder being listed at the time. It’s quite clear the family is presently avoiding publicity as much as possible and so I can’t think of one good reason they’d be in a rush to sell real estate.

My earlier comment referred to Apotex only and recent reports regarding Jonathan’s involvement.
 
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