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

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InspectorLoneRanger said:
***** BREAKING NEWS ***********

The factum for the BC AG is in.

They state they do NOT favor one side over the other. They are only asking for the rules of open courts to continue and for the court to decline the appellants' invitation to modify the Dagenais/Mentuck test and, instead, affirm its continued application to all discretionary judicial orders seeking to limit the openness of judicial proceedings.

The tidbit below caught my eye:
15. In certain circumstances, additional documents will be required. For example, in cases where the words of a will have been altered, erased, or obliterated, the applicant must file evidence explaining those changes.

Did Barry alter, erase, or obliterate his will (thereby reducing Jon Sherman's inheritance?) which in turn caused the executors to reject it. If that's the case there will lawsuit, after lawsuit, after lawsuit. Many charities that the Shermans gave to felt they were going to be left a bequeath.
Click to expand...

What if the will appears as if it was altered? its possible that it was changed by Barry under duress immediately before he was murdered.
OMG this could get very messy......
 

Supreme Court of Canada - SCC Case Information - Docket - 38695
Date Proceeding Filed By
(if applicable)
2020-03-12 Intervener's book of authorities, (Book Form), Completed on: 2020-03-12 Attorney General of British Columbia
2020-03-12 Intervener's factum, (Book Form), Completed on: 2020-03-12 Attorney General of British Columbia
2020-03-11 Intervener's book of authorities, (Book Form), Completed on: 2020-03-11 Attorney General of Ontario
2020-03-11 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-03-11 Attorney General of Ontario
2020-03-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2020-03-10 Estate of Bernard Sherman and the Trustees of the Estate
2020-03-09 Certificate (on limitations to public access), (Letter Form), 23A and 23B Kevin Donovan
2020-03-09 Certificate of counsel (attesting to record), (Letter Form) Kevin Donovan
2020-03-09 Respondent's record, (Book Form), (2 volumes), Volume 2 submitted in the motion to adduce new evidence in december 19., Completed on: 2020-03-09 Kevin Donovan
2020-03-09 Respondent's book of authorities, (Book Form), Completed on: 2020-03-09 Kevin Donovan
2020-03-09 Respondent's factum, (Book Form), Completed on: 2020-03-09 Kevin Donovan
2020-03-05 Supplemental document, Electronic format only, Completed on: 2020-03-05 Kevin Donovan
Click to expand...

My source is telling me that within 48 hours the last 2 Factums will appear.

1. AG of Ontario
2. Response by the Estate of Barry Sherman.
 
InspectorLoneRanger said:
Dear Sceawian.

Please, if you see room for improvement on my posts just let me know and I'll try to clean it up. I am big on coaching and self-improvement.
Click to expand...

That's an admirable mindset to have, and one we should all aspire to!

I'm used to an academic environment with very... 'direct' interactions, and I've become used to receiving (and giving) rather blunt feedback, so apologies if the tone was off. You've done an admirable job with your latest post, however!

From your sources it sounds like there may be some exciting, if turbulent, times ahead for the case.
 
sceawian said:
That's an admirable mindset to have, and one we should all aspire to!

I'm used to an academic environment with very... 'direct' interactions, and I've become used to receiving (and giving) rather blunt feedback, so apologies if the tone was off. You've done an admirable job with your latest post, however!

From your sources it sounds like there may be some exciting, if turbulent, times ahead for the case.
Click to expand...

Buddy, I could have used your help in law school. Presentation is my Achilles heel.

I really hope that the SCC webcasts the case. It's all about the filings but it's also all about the presentation. Donavan and his legal team are well mannered. The legal team for the Estate not so much. Anything can happen but on the law, as well as the balance of probabilities the open court principles should win out.
 
dotr said:
Why do you think JS wants to hide something as opposed to anybody else in the family?
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I agree. This could be as simple as everyone, including Apotex, wanting to maintain privacy/confidentiality over the disposition of the estate. Lawyers will always advise their clients to limit, as much as possible, how much information gets out to the media. That includes a private corporation's lawyers, estate lawyers etc.

Plus, Barry Sherman never met a lawsuit he didn't fight to the death and he would have fought this one, I think.
 
dotr said:
Why do you think JS wants to hide something as opposed to anybody else in the family?
Click to expand...

Dear Dotr

There are only 4 executors but Jack Kay is no longer participating. He can't look Jon in the eye without wanting to rip him apart.

That leaves Jon & Brad in control of the direction of the estate. Brad seems to be ok being the bottom in their relationship and take the pitches as they come.
I've posted this link before:
 
InspectorLoneRanger said:
Dear Dotr

There are only 4 executors but Jack Kay is no longer participating. He can't look Jon in the eye without wanting to rip him apart.

That leaves Jon & Brad in control of the direction of the estate. Brad seems to be ok being the bottom in their relationship and take the pitches as they come.
I've posted this link before:
Click to expand...


Jonathon Sherman, Alex Glasenberg, Jack Kay, and Alex Sherman’s husband, Brad Krawczyk are the Sherman Estate trustees.

The Star has reported that Jack Kay hasn’t attended trustee meetings since he left Apotex, but neither Jack Kay or the Sherman family have officially commented.

Can you please give us a MSM link to your comment about Jack Kay and JS? You said: ‘He can't look Jon in the eye without wanting to rip him apart.’ Link to where Kay has said that?
 
Lexiintoronto said:
Jonathon Sherman, Alex Glasenberg, Jack Kay, and Alex Sherman’s husband, Brad Krawczyk are the Sherman Estate trustees.

The Star has reported that Jack Kay hasn’t attended trustee meetings since he left Apotex, but neither Jack Kay or the Sherman family have officially commented.

Can you please give us a MSM link to your comment about Jack Kay and JS? You said: ‘He can't look Jon in the eye without wanting to rip him apart.’ Link to where Kay has said that?
Click to expand...

Dear Lexiintoronto.

If Jack Kay isn't attending Trustee Meeting then it means there cannot be a deadlock on issues as there are only 3 Trustee's left.
Barry named him as co-executor because Jack was his best friend and Barry trusted him.

To not attend executor meetings means something.

Jack is an actual owner of Apotex. Yet, Crazy Jon fired him, had him removed from the office with the help of Jeff Watson.
And Jon was pointing at Jack and stating that he had something to do with the murders.
Jack was given no gold watch, no farewell party, no severance, just a kick on the *advertiser censored* out the door by a guy who looks like the stunt double for Shreck. (Jeff)

Put yourself in Jack's shoes. Please give your head a shake. You think Jack Kay is going to want to hug him. He's not stupid. He knows who killed his friend.

Barry Sherman’s son tells Apotex CEO to leave
Who killed Barry and Honey Sherman? A new book offers fascinating insights. - Macleans.ca

Q: The book also chronicles fractures after the Shermans’ deaths, including Honey’s sister being exiled from the family. You also write about how Jack Kay, Barry Sherman’s right hand at Apotex for 35 years and a trustee of the estate, was the subject of a rumour floated by Jonathon that he was somehow involved in the murders, and he was later kicked out of Apotex. Some of this is stranger than fiction.
A: Jack Kay was asked to come back to be in charge at Apotex. One year and one day after the murders, Jonathon Sherman and an Apotex executive ushered Kay out of the building. There’s no gold watch, no party. There’s mediation going on now because Kay was not offered anything after 35 years of service. It is the case that there is a lot of finger-pointing going on, as I report, where they initially blame Frank D’Angelo, then Jonathan says Jack Kay was involved. When Greenspan has written me, he says that my own sources, who I don’t identify, may be guilty as well. There’s a lot of finger-pointing.
 
InspectorLoneRanger said:
Dear Lexiintoronto.

If Jack Kay isn't attending Trustee Meeting then it means there cannot be a deadlock on issues as there are only 3 Trustee's left.
Barry named him as co-executor because Jack was his best friend and Barry trusted him.

To not attend executor meetings means something.

Jack is an actual owner of Apotex. Yet, Crazy Jon fired him, had him removed from the office with the help of Jeff Watson.
And Jon was pointing at Jack and stating that he had something to do with the murders.
Jack was given no gold watch, no farewell party, no severance, just a kick on the *advertiser censored* out the door by a guy who looks like the stunt double for Shreck. (Jeff)

Put yourself in Jack's shoes. Please give your head a shake. You think Jack Kay is going to want to hug him. He's not stupid. He knows who killed his friend.

Barry Sherman’s son tells Apotex CEO to leave
Who killed Barry and Honey Sherman? A new book offers fascinating insights. - Macleans.ca

Q: The book also chronicles fractures after the Shermans’ deaths, including Honey’s sister being exiled from the family. You also write about how Jack Kay, Barry Sherman’s right hand at Apotex for 35 years and a trustee of the estate, was the subject of a rumour floated by Jonathon that he was somehow involved in the murders, and he was later kicked out of Apotex. Some of this is stranger than fiction.
A: Jack Kay was asked to come back to be in charge at Apotex. One year and one day after the murders, Jonathon Sherman and an Apotex executive ushered Kay out of the building. There’s no gold watch, no party. There’s mediation going on now because Kay was not offered anything after 35 years of service. It is the case that there is a lot of finger-pointing going on, as I report, where they initially blame Frank D’Angelo, then Jonathan says Jack Kay was involved. When Greenspan has written me, he says that my own sources, who I don’t identify, may be guilty as well. There’s a lot of finger-pointing.
Click to expand...

You’re welcome to call me Lexi.

If we don’t link strong statements back to MSM quotes or official TPS statements, they can get picked up incorrectly as facts— by people like me. And then I end up digging for the source and I’m not getting any younger while doing so.

I like JK. He has spoken to the media and he’s very forthright. Your impression may be correct. But in fairness to him and JS, you have to be able to back up statements attributed to him with MSM sources.

And we have to call him JS or his full name, no insults.
 
In the running of billion dollar companies, as well as much smaller organizations, there are frequently sudden firings at the senior levels, and people being escorted by security out of the office. This is considered 'best practices' by human resource departments, to prevent anyone from taking or selling company secrets or doing any type of sabotage. It's followed by a generous severence package offer and a few days to sign, unless you want to hire a lawyer. Or, the severence may have been built into the CEO's contract. I have seen dozens of people fired this way, and experienced it myself.

It's just how things happen in professionally-run organizations these days. Of course there's bitterness and hard feelings, but it's nothing unique to JK, and nothing like a soap opera.
 
Satchie said:
In the running of billion dollar companies, as well as much smaller organizations, there are frequently sudden firings at the senior levels, and people being escorted by security out of the office. This is considered 'best practices' by human resource departments, to prevent anyone from taking or selling company secrets or doing any type of sabotage. It's followed by a generous severence package offer and a few days to sign, unless you want to hire a lawyer. Or, the severence may have been built into the CEO's contract. I have seen dozens of people fired this way, and experienced it myself.

It's just how things happen in professionally-run organizations these days. Of course there's bitterness and hard feelings, but it's nothing unique to JK, and nothing like a soap opera.
Click to expand...


Dear Satchie.

When you experienced it yourself were you also the owner of the company with more than 1% equity =50-100 million?
Did they also accuse you of having something to do with the death of the owner who was your best friend who enriched you beyond your wildest dreams?

This is hardly a run of the mill firing.
 
Last edited:
Commentary on Estate's Factum.

1. Overall very weak. 2 Handed the Key's over to the BCCLA who is an interested party - Not a winning strategy.
3. They failed to do any research in cases where courts have respected publication bans or partial bans which were upheld by the court.
4. All the evidence is in and the court is asked to render a decision.
5. I have always maintained the KD will prevail as he is on the right side of the law.

https://www.scc-csc.ca/WebDocuments...man-and-the-Trustees-of-the-Estate-et-al..pdf

PART I - OVERVIEW
The Appellants respond as follows to the arguments of certain interveners:
The principled approach proposed by the British Columbia Civil Liberties Association ("BCCLA") is
generally an appropriate framework;
The assessment of the likely effectiveness of a confidentiality order must be contextual;
Recognizing that privacy is capable of grounding a confidentiality order does not result in
"secrecy becoming the norm"; and
The reasons for public access to probate proceedings identified by the Media Coalition are of
limited relevance.


A. The Approach Proposed by the BCCLA is Appropriate
The BCCLA has proposed “a principled approach to the framework for determining whether the
protection of privacy is demonstrably justified in a particular case.”1 The Appellants generally
endorse the approach proposed by the BCCLA.
The Appellants agree with the BCCLA's proposal that courts do away with the "somewhat artificial
exercise" of identifying harms to interests other than privacy in order to justify a
confidentiality order that is ultimately intended to protect privacy.2 Privacy in and of itself
should be recognized as an important interest, and a serious risk to privacy should be sufficient
to satisfy the first stage of the Sierra Club test.
Click to expand...
 
I haven't posted here recently but read the new posts daily. I find I am in agreement with most of InspectorLoneRanger's opinions especially in regards to JS.

Because right from the first day I watched video of JS giving the eulogy I felt something was not right ... there is a darkness about him .... no feelings .... no emotion ... a coldness and a darkness radiate from his words and body language.

I beat myself up for thinking in such a manner , after all he was (supposedly) grieving , his parents had suddenly been taken away .... and for most people a public eulogy is never an easy thing to do .

I kept my nagging and unpleasant opinions about JS to myself until I saw InspectorLoneRanger's hunches are identical to mine .... practically word for word ... not to mention journalist KD seems to allude to much the same thing .

My recent thinking is fueled by the fact JS was adopted .... many adopted children in harmonious families seldom have any issues but I think it is fair to say JS , BS & HS were the opposite of a harmonious unit .

JS apparently hated his adoptive mother and even tried to remove his adoptive father from the leadership of a huge and and successful business.

No love there ..... only coldness and darkness , and self serving interests that needed some obstacles removed
 
Wouldn't one consider being born to a couple via surrogate mother, is different than just plain everyday 'adoption'? We're not talking about a kid who lived in turmoil in his early years who was adopted into the S family at age 3 or something.. we're talking about a newborn who was immediately placed with the 'parents', Barry and Honey. I'm thinking if it was such a horrendous experience for JS, he and his husband wouldn't have been trying to do the same thing in their own relationship.

I personally don't believe any of that has anything to do with this. Lots of 'rich kids' born into wealth biologically or by adoption, have a sense of entitlement, and it seems JS may be one of the more severely affected (based on my opinion only, of the emails trying to oust his father out of his own company, saying he was incompetent). We've been told that HS was stricter and wanted the kids to earn their way, while BS was more laid back and 'giving'. If the poor little rich kid didn't get his way with mom, I could see someone like JS having hateful and spiteful feelings, especially when perhaps more immature. One would expect that he may have been more grown up by December 2017, but who knows. jmo.
 
deugirtni said:
Wouldn't one consider being born to a couple via surrogate mother, is different than just plain everyday 'adoption'? We're not talking about a kid who lived in turmoil in his early years who was adopted into the S family at age 3 or something.. we're talking about a newborn who was immediately placed with the 'parents', Barry and Honey. I'm thinking if it was such a horrendous experience for JS, he and his husband wouldn't have been trying to do the same thing in their own relationship.
.
Click to expand...

I thought JS and the two daughters were BS's biological children with their surrogate mothers, and I also assumed (maybe incorrectly) they were very much wanted by both parents. In the KD book, HS seemed to have a very close connection to her daughter Alex, who was also the product of surrogacy. IMO, any friction between JS and his mother was simply the result of differing personalities and values, as often happens in biological families.
 
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