Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #13

[ldlager]

The estate was the applicant.

In the appeal decision the judge notes there was one 13 paragraph affidavit with one actual paragraph outlining the risks.

The appeal decision reads like the Chambers judge applied the right law, but that the facts of the case didn’t meet the test.

Thanks

 

[dotr]

Just tiptoeing on this one, wondering if there are any films or businesses associated with BS,FDA and this group?
speculation, imo.
Feb 11, 2020
https://www.cbc.ca/news/canada/british-columbia/nxivm-lawsuit-sex-cult-1.5458522
''The suit claims millionaire sisters Clare and Sara Bronfman served in leadership positions in NXIVM, investing their vast wealth "to fund the operations and obstruct the ability of others to uncover the misconduct."

 

[dotr]

Shocked and saddened to learn that Anne Kingston, 62, has died.
She wrote many fine articles including the ones posted here about the Sherman murders.
Anne Kingston, passionate writer who skewered modern culture and highlighted violence against women has died
February 13, 2020
''She covered the sex assault trials of Jian Ghomeshi and Bill Cosby and the murders of Honey and Barry Sherman. She added analysis and re-assessments of current events as the dust was settling''
by Anne Kingston
Dec 16, 2019
Barry and Honey Sherman murders' newest twist: family and police join forces - Macleans.ca

by Anne Kingston
Oct 30, 2019
Who killed Barry and Honey Sherman? A new book offers fascinating insights. - Macleans.ca

by Anne Kingston
May 13, 2019
Barry and Honey Sherman: Court to unseal estate documents - Macleans.ca

by Anne Kingston
Mar 14, 2019
A new, hidden clue in Barry and Honey Shermans' vanishing murder case - Macleans.ca

by Anne Kingston
Dec 14, 2018
Barry and Honey Sherman: Duelling investigations, high drama and still no answers - Macleans.ca

by Anne Kingston and Michael Friscolanti
Apr 5, 2018
Endless court battles, angry relatives and shady players: the truth about Barry Sherman

 

[rickcross]

Seems like this case has gone as cold as a case can go. I don't think we will ever see a resolution. Ever.

 

[rickcross]

From the McLeans article...

A: I can’t speak for Toronto police. But, as I understand it, the coats were pulled down but not enough to immobilize them. There’s also the detail about marks found on their wrists indicative of them being bound together; but those ties are removed and cannot be found. I struggle with this. How could you look at that scene and not think this was a case of double murder? The other thing I spend a lot of time trying to figure out was that [the Shermans] were in a seated position on the floor, their backs to the pool. There’s no way you could strangle yourself sitting upright like that. It’s different than jumping from a stool, like we’ve seen in the movies. There’s no fall here. So, in my opinion, there can be no murder-suicide or double-suicide.

KD has just shown how really uneducated he actually is right here. There is no need for a fall. Many people have effectively committed suicide by hanging from such things as door knobs. All it takes is sufficient continuous pressure on the neck arteries, and you'll be out in a minute or less. Maybe KD has been watching too many movies.

 

[WINDSOR]

Seems like this case has gone as cold as a case can go. I don't think we will ever see a resolution. Ever.

Just for comparison, in the case of the homicide of Richard Oland, charges were not laid until more than 2 years had passed.
Homicide of Richard Oland - Wikipedia

There are cases, where the laying of charges even took longer.

In a case like this, where the killings were targeted and very specific, there is no pressing urgency for the TPS to lay charges. The perpetrator(s) are not likely to go on a rampage.

The successful laying of charges that will lead to a conviction is the primary goal of the TPS. By getting sufficient evidence that will be irrefutable in court, regardless of how long it takes is the job that needs to be done.

Quite possibly the TPS could lay charges right now, but are waiting for more evidence to present an ironclad case. Time is on their side.

 

[Satchie]

Just for comparison, in the case of the homicide of Richard Oland, charges were not laid until more than 2 years had passed.
Homicide of Richard Oland - Wikipedia

There are cases, where the laying of charges even took longer.

In a case like this, where the killings were targeted and very specific, there is no pressing urgency for the TPS to lay charges. The perpetrator(s) are not likely to go on a rampage.

The successful laying of charges that will lead to a conviction is the primary goal of the TPS. By getting sufficient evidence that will be irrefutable in court, regardless of how long it takes is the job that needs to be done.

Quite possibly the TPS could lay charges right now, but are waiting for more evidence to present an ironclad case. Time is on their side.

It's interesting to me that TPS has never held a press conference asking for tips, eg any one that saw either of the Shermans in particular areas, or their vehicles after a certain time, or to identify themselves in video footage, or who may have encountered someone or a vehicle that's been captured on video footage or through tips.

That's what's been done when cases that I've followed go cold, like Thelma Krull in Winnipeg or Lindsay Buziak in Victoria. IMO when police exhaust all possible clues, they don't just go silent, that's when they come forward and reveal what they do know, hoping to generate new information.

IMO when police aren't saying anything it's because they have information and are still following up with that, and don't want to let potential suspects know what they know. If that makes sense.

 

[Maplesoda]

Just for comparison, in the case of the homicide of Richard Oland, charges were not laid until more than 2 years had passed.
Homicide of Richard Oland - Wikipedia .

Off topic but WOW I didn’t realize Dennis Oland was acquitted!

 

[MistyWaters]

It's interesting to me that TPS has never held a press conference asking for tips, eg any one that saw either of the Shermans in particular areas, or their vehicles after a certain time, or to identify themselves in video footage, or who may have encountered someone or a vehicle that's been captured on video footage or through tips.

That's what's been done when cases that I've followed go cold, like Thelma Krull in Winnipeg or Lindsay Buziak in Victoria. IMO when police exhaust all possible clues, they don't just go silent, that's when they come forward and reveal what they do know, hoping to generate new information.

IMO when police aren't saying anything it's because they have information and are still following up with that, and don't want to let potential suspects know what they know. If that makes sense.

It makes sense to me. TPS has never even publicly asked people who attended the real estate Open House or others who’ve been inside the Sherman home during various social functions to come forward which indicates to me they’ve never been on the blindly seeking to eliminate DNA path.

I agree, it seems to me the overall silence of TPS is indicative of a focused investigation. Ever since the Supreme Court of Canada stipulated what’s referred to as the Jordan Ruling whereby there can be no more than 30 months from charges to completion of trial, it’s bound to have impacted how quickly charges are filed in complex cases.

Dec, 2019
”Idsinga said he is not bothered by how long the investigation has taken so far, and that police are still “combing” through lots of information. He said the sheer volume of the information is “overwhelming.”
Private investigation into murders of Barry and Honey Sherman closed, police appeal for more tips

 

[InspectorLoneRanger]

Tighthead when you say " the initial materials filed by the applicants were quite thin" do you mean materials filed by the Sherman side; or by KD? Not sure who the applicant is in this instance. Thanks

Applicant is the Toronto Star (KD)

 

[Tighthead]

Applicant is the Toronto Star (KD)

No, and I already answered the question. The initial application was made by the executors of the estate.

 

[InspectorLoneRanger]

No, and I already answered the question. The initial application was made by the executors of the estate.

You didn't answer the question. <modsnip: rude, personalizing, circumventing profanity filters>
The applicant is the Toronto Star.

Here's the link to the court briefs : 2018 ONSC 4706 (CanLII) | Toronto Star Newspapers Ltd. v. Sherman Estate | CanLII

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: TORONTO STAR NEWSPAPERS LTD. AND KEVIN DONOVAN, Applicants

AND:

THE ESTATE OF BERNARD SHERMAN AND THE TRUSTEES OF THE ESTATE, Respondents

AND RE: TORONTO STAR NEWSPAPERS LIMITED AND KEVIN DONOVAN, Applicants

AND:

THE ESTATE OF HONEY SHERMAN AND THE TRUSTEES OF THE ESTATE, Respondents

BEFORE: S.F. Dunphy J.

COUNSEL: Kevin Donovan, for the Applicants

Timothy Youdan and Chantelle Spagnola, for the Respondents

 

[Tighthead]

You didn't answer the question. <modsnip: rude, personalizing, circumventing profanity filters>
The applicant is the Toronto Star.

Here's the link to the court briefs : 2018 ONSC 4706 (CanLII) | Toronto Star Newspapers Ltd. v. Sherman Estate | CanLII

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: TORONTO STAR NEWSPAPERS LTD. AND KEVIN DONOVAN, Applicants

AND:

THE ESTATE OF BERNARD SHERMAN AND THE TRUSTEES OF THE ESTATE, Respondents

AND RE: TORONTO STAR NEWSPAPERS LIMITED AND KEVIN DONOVAN, Applicants

AND:

THE ESTATE OF HONEY SHERMAN AND THE TRUSTEES OF THE ESTATE, Respondents

BEFORE: S.F. Dunphy J.

COUNSEL: Kevin Donovan, for the Applicants

Timothy Youdan and Chantelle Spagnola, for the Respondents

The initial application was made by the executors to seal the file. There were no respondents.

Explain in detail how I made that up.

That is also where the initial material I referred to was filed. The context is clear except to you.

By the way, those aren’t briefs. <modsnip: rude, personalizing, circumventing profanity filters>

 

[InspectorLoneRanger]

The initial application was made by the executors to seal the file. There were no respondents.

Explain in detail how I made that up.

That is also where the initial material I referred to was filed. The context is clear except to you.

By the way, those aren’t briefs. <modsnip: rude, personalizing, circumventing profanity filters>

<modsnip>

There was no application to seal the file. When the "Certificate of Appointment of Estate Trustee" was presented to the court the executor's council met with directly with a judge (highly irregular and never before happened in all Canadian jurisprudence history) and made an ORAL request to seal the file. The judge agreed without any consideration.

As per the court briefs:

[6] On June 26, 2009, applications the issuance of a Certificate of Appointment of Estate Trustee were made to this court. While such applications are customarily made “over the counter” and dealt with in writing by a duty judge presiding over our Estates List, the applicants sought an oral hearing in order to request an order sealing the court file before filing their application.

[7] After hearing the application, I made the following endorsement applicable to both Estates:

This file involves confidential material of potential relevance to the police investigation. It shall remain in my custody and the application for a Certificate in both Estates shall remain in my custody was well pending further order.

If there had been an initial applicant at the time then the Toronto Star and KD would always be the "Respondent" right up to the Supreme Court - At least that's my understanding based solely on #1 my Estate Prof from Osgoode #2 20 years of legal work and setting a few hundred estates. As such the Toronto Star and KD will always be the applicant.

If you don't believe me check on the next set of the Sherman file briefs on Canlii in a few months. TS & KD will again be the applicant.

 

[MistyWaters]

From SCC, Case Information -
Estate of Bernard Sherman and the Trustees of the Estate, et al. v. Kevin Donovan

(Ontario) (Civil) (By Leave)

(Sealing order) (Certain information not available to the public)

Supreme Court of Canada - SCC Case Information - Docket - 38695

My understanding - and anyone feel free to correct me - is the term “Motion for Leave to Intervene” refers to one or more non-parties request for some sort of participation in a court proceeding.

To date, below are the non-parties who have put forth a number of Motions for Leave to Intervene. The rational is unknown because nobody’s saying and neither has the SCC ruled on the respective motions.

Parties -
- Canadian Civil Liberties Association
- Income Security Advocacy Centre
- Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Parternship, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
- British Columbia Civil Liberties Association
- HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee

 

[MistyWaters]

I also notice KWs SCC appeal -

2020-02-10 All materials on application for leave submitted to the Judges, for consideration by the Court
Supreme Court of Canada - SCC Case Information - Docket - 38899

Comparing the timeline to other cases, it appears to me the SCC will decide if they will give leave within the next month or so.

One thing, my understanding is the best KW might hope to accomplish if SCC gives leave is the court could toss the lower courts ruling which outrightly dismissed the case. If that occurred, the case then would proceed to a civil trial. However SCC would not award KW et al 20% of Apotex as only an appeal of a prior ruling would take place.

I’m somewhat surprised MSM isn’t giving this SCC appeal by KW greater exposure, given how often the civil suit was the spotlight of media attention prior to the tragedy of Barry and Honey’s murder. IIRC it was the largest civil suit ever filed in Canada.

 

[Sillybilly]

Heads up !!

Members are required to post respectfully. Bickering, rudeness, personalizing, profanity and circumventing WS profanity filters is absolutely not allowed.

Further posts of this nature will result in a temporary or permanent loss of posting privileges.

 

[InspectorLoneRanger]

From SCC, Case Information -
Estate of Bernard Sherman and the Trustees of the Estate, et al. v. Kevin Donovan

(Ontario) (Civil) (By Leave)

(Sealing order) (Certain information not available to the public)

Supreme Court of Canada - SCC Case Information - Docket - 38695

My understanding - and anyone feel free to correct me - is the term “Motion for Leave to Intervene” refers to one or more non-parties request for some sort of participation in a court proceeding.

To date, below are the non-parties who have put forth a number of Motions for Leave to Intervene. The rational is unknown because nobody’s saying and neither has the SCC ruled on the respective motions.

Parties -
- Canadian Civil Liberties Association
- Income Security Advocacy Centre
- Ad IDEM/Canadian Media Lawyers Association, Postmedia Network Inc., CTV, a Division of Bell Media Inc., Global News, a division of Corus Television Limited Parternship, The Globe and Mail Inc. and Citytv, a division of Rogers Media Inc.
- British Columbia Civil Liberties Association
- HIV & AIDS Legal Clinic Ontario, HIV Legal Network and Mental Health Legal Committee

Dear Misty Waters.

I'll try to answer your question as best as I can.

#1 Permission or authorization to do something. Leave of court is permission from the judge to take some action in a lawsuit that requires an absence or delay. An attorney might request a leave of court in order to file an amended Pleading, a formal declaration of a claim, or a defense.
In the Sherman case the Parties you referenced requested the Judge to allow them to file motions briefs on the Sealing of the file given that the ruling may/could affect them. You'd have to read their briefs to understand why.

#2 My understanding is that Justice Dunphy made a blunder when he sealed the estate file. He was trying to be nice to the family but ignored the law. That fact is clear when the Ontario Court of Appeal, which made a UNANIMOUS ruling overturning Dunphy’s decision. Here's the story from the Star below:

The Star and its reporter earlier this year won a ruling at the Ontario Court of Appeal to make the Sherman estate files public. The trustees for the Sherman estate sought leave to appeal that ruling and on Thursday the Supreme Court of Canada allowed the appeal.

In Canada, court documents and proceedings are typically public, including estate files that deal with the probate of an estate after death.


Barry Sherman, founder of generic drug giant Apotex, and his wife, Honey, a well-known philanthropist, were found dead in their home on Dec. 15, 2017. They had been strangled, their bodies held in a seated position by belts looped around a railing on the edge of their basement pool.

The Star’s reporter first asked for the Sherman estate documents in 2018 and a clerk at the counter of the downtown Superior Court said there was a “protective order” on the file, made by Justice Sean Dunphy.

At a court hearing, Dunphy maintained the seal, after hearing arguments from lawyers acting for the Sherman estate trustees. The trustees’ lawyers said that to reveal the information (which includes a will and disposition of assets) to the public would endanger the lives of the Sherman family and the trustees.

The Star argued the identity of the trustees and the Shermans’ adult children were well known, along with the fact that Barry Sherman was a billionaire. Dunphy agreed with the Sherman estate and maintained the seal.


The Star and its reporter appealed to the Ontario Court of Appeal, which made a unanimous ruling overturning Dunphy’s decision, which would have made the estate files public had the Sherman’s not almost immediately asked the Supreme Court for a hearing.

In the decision by justices David Doherty, Paul Rouleau and C. William Hourigan, the Court of Appeal upheld the open court principle in Canada and found that while “the Shermans want to keep family and estate-related matters private” and “they want to grieve in private,” that is not sufficient to seal what is normally a public file.

The court of appeal also took issue with Dunphy’s contention that because the Sherman couple was murdered, the trustees of the estate or the family members of the estate would be in danger if any information was revealed. The Sherman family had provided the court with an affidavit that the Court of Appeal noted was not based on any information provided by police investigating the crime and so was “speculation,” not grounded in evidence as the law requires. The affidavit and the identity of its author are sealed. The affidavit warns of “kidnapping and violence” should any information be released.

A Toronto homicide detective investigating the Sherman case, Det. Const. Dennis Yim, recently told a Toronto court that, to his knowledge, nobody in the Sherman family is in danger. The case is being investigated as a double homicide and police are currently reviewing a “voluminous” amount of information and a report by Toronto Police intelligence analysts, before applying for more judicial production orders.

#3 I just wanted to give everyone an update on the WILLS. Honey didn't have a signed will. Barry had a will from Staples leaving everything to his Kids. Before people attack me for this assertion. BOTH BARRY & HONEY were undertaking estate planning which would have left money to Charity as well as Honey's Sister Mary. They had discussed these plans openly with their children and others (maid). Talking about changing Barry's Will from his 4 kids to 4 kids + charities is what Kevin Donavan feels led to their demise. Donavan clearly pointed the finger at Barry's son Jonathon as the guy who ordered the hit and has written some pretty derogatory articles about him. I'm somewhat suprised that Jonathon hasn't #1 Ordered a hit on KD or #2 Left the Jurisdiction with his husband and Kids for a country that doesn't have an extradition treaty with Canada.

 

[ldlager]

Dear Misty Waters.

I'll try to answer your question as best as I can.

#1 Permission or authorization to do something. Leave of court is permission from the judge to take some action in a lawsuit that requires an absence or delay. An attorney might request a leave of court in order to file an amended Pleading, a formal declaration of a claim, or a defense.
In the Sherman case the Parties you referenced requested the Judge to allow them to file motions briefs on the Sealing of the file given that the ruling may/could affect them. You'd have to read their briefs to understand why.

#2 My understanding is that Justice Dunphy made a blunder when he sealed the estate file. He was trying to be nice to the family but ignored the law. That fact is clear when the Ontario Court of Appeal, which made a UNANIMOUS ruling overturning Dunphy’s decision. Here's the story from the Star below:

The Star and its reporter earlier this year won a ruling at the Ontario Court of Appeal to make the Sherman estate files public. The trustees for the Sherman estate sought leave to appeal that ruling and on Thursday the Supreme Court of Canada allowed the appeal.

In Canada, court documents and proceedings are typically public, including estate files that deal with the probate of an estate after death.


Barry Sherman, founder of generic drug giant Apotex, and his wife, Honey, a well-known philanthropist, were found dead in their home on Dec. 15, 2017. They had been strangled, their bodies held in a seated position by belts looped around a railing on the edge of their basement pool.

The Star’s reporter first asked for the Sherman estate documents in 2018 and a clerk at the counter of the downtown Superior Court said there was a “protective order” on the file, made by Justice Sean Dunphy.

At a court hearing, Dunphy maintained the seal, after hearing arguments from lawyers acting for the Sherman estate trustees. The trustees’ lawyers said that to reveal the information (which includes a will and disposition of assets) to the public would endanger the lives of the Sherman family and the trustees.

The Star argued the identity of the trustees and the Shermans’ adult children were well known, along with the fact that Barry Sherman was a billionaire. Dunphy agreed with the Sherman estate and maintained the seal.


The Star and its reporter appealed to the Ontario Court of Appeal, which made a unanimous ruling overturning Dunphy’s decision, which would have made the estate files public had the Sherman’s not almost immediately asked the Supreme Court for a hearing.

In the decision by justices David Doherty, Paul Rouleau and C. William Hourigan, the Court of Appeal upheld the open court principle in Canada and found that while “the Shermans want to keep family and estate-related matters private” and “they want to grieve in private,” that is not sufficient to seal what is normally a public file.

The court of appeal also took issue with Dunphy’s contention that because the Sherman couple was murdered, the trustees of the estate or the family members of the estate would be in danger if any information was revealed. The Sherman family had provided the court with an affidavit that the Court of Appeal noted was not based on any information provided by police investigating the crime and so was “speculation,” not grounded in evidence as the law requires. The affidavit and the identity of its author are sealed. The affidavit warns of “kidnapping and violence” should any information be released.

A Toronto homicide detective investigating the Sherman case, Det. Const. Dennis Yim, recently told a Toronto court that, to his knowledge, nobody in the Sherman family is in danger. The case is being investigated as a double homicide and police are currently reviewing a “voluminous” amount of information and a report by Toronto Police intelligence analysts, before applying for more judicial production orders.

#3 I just wanted to give everyone an update on the WILLS. Honey didn't have a signed will. Barry had a will from Staples leaving everything to his Kids. Before people attack me for this assertion. BOTH BARRY & HONEY were undertaking estate planning which would have left money to Charity as well as Honey's Sister Mary. They had discussed these plans openly with their children and others (maid). Talking about changing Barry's Will from his 4 kids to 4 kids + charities is what Kevin Donavan feels led to their demise. Donavan clearly pointed the finger at Barry's son Jonathon as the guy who ordered the hit and has written some pretty derogatory articles about him. I'm somewhat suprised that Jonathon hasn't #1 Ordered a hit on KD or #2 Left the Jurisdiction with his husband and Kids for a country that doesn't have an extradition treaty with Canada.

Re#3. I don’t know where you got your information, but I will comment as follows:
- In spite of the articles that he has written, KD has never, to my knowledge publicly stated that he suspects JS was involved in these killings. I have followed this case closely from day 1- if KD has stated this, can you please provide a link?
- KD has repeatedly publicly stated that he does not believe this was a professional killing or hired killing. So unless he has been lying, KD does not believe JS “ordered the hit” as he doesn’t believe there was any hit ordered.

 

[MistyWaters]

#3 I just wanted to give everyone an update on the WILLS. Honey didn't have a signed will. Barry had a will from Staples leaving everything to his Kids. Before people attack me for this assertion. BOTH BARRY & HONEY were undertaking estate planning which would have left money to Charity as well as Honey's Sister Mary. They had discussed these plans openly with their children and others (maid). Talking about changing Barry's Will from his 4 kids to 4 kids + charities is what Kevin Donavan feels led to their demise. Donavan clearly pointed the finger at Barry's son Jonathon as the guy who ordered the hit and has written some pretty derogatory articles about him. I'm somewhat suprised that Jonathon hasn't #1 Ordered a hit on KD or #2 Left the Jurisdiction with his husband and Kids for a country that doesn't have an extradition treaty with Canada.

A couple questions - how do you know Honey didn’t have a signed will or Barry’s last will & testament was by a do-it-yourself format from Staples?

Not even KD stands by that.

Honey Sherman had a will she updated shortly before billionaire couple slain, confidant reveals

How do you know BOTH HONEY & BARRY were undertaking estate planning in reference to leaving money to charity or others, aside from their children. As the Estate files have been sealed, we don’t know who are the beneficiaries.

I didn’t read KD’s book but with all due respect, for JS to order a hit on a reporter seems totally ridiculous. I’m somewhat surprised you appear very anxious to convict him based on a total lack of verified facts but I will assume you have your reasons.