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

[ldlager]

Yes it appears much like all cases heard by the SCC, it’s the Sierra Club ruling that’s forefront and centre of the case. The Sherman Estate believes it should apply with minor modifications in the order of the test #1 and #2, whereas KD doesn’t think it should apply at all. In the area of privacy, if KD wins it would strike a blow to the SCT ruling which is why others stakeholders have become involved. The argument has little to do directly with the Sherman Estate or the media. This is my take on it, not saying I’m right.

But if I were to stake a bet, I’d place it on the side of the Sherman Estate for a couple of reasons. The sealing of the Estate file was never permanent and Canada is a country with privacy legislation is already heavily legislated in virtually every aspect of our lives.

It’s rather ironic to consider KD is able to report on the Sherman case, keeping his sources private. And if it were a slam dunk for KD, the SCC wouldn’t have granted leave for appeal.

JMO

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[deugirtni]

News Release - SCC Cases (Lexum)
“The Supreme Court of Canada is closely monitoring the advice of public health officials with respect to COVID-19 and is working with various stakeholders in the justice system to address the issues arising out of this exceptional situation.

I would like to inform you of the following pro-active and preventative measures the Court is taking in order to protect participants in the justice system and to reduce the spread of COVID-19. These measures are designed to balance the need to protect the health and safety of all with the need to maintain judicial operations.

The hearings scheduled for March 24, 25 and 26, 2020, in the cases of Attorney General of Saskatchewan v. Attorney General of Canada (38663), Attorney General of Ontario v. Attorney General of Canada (38781) and Estate of Bernard Sherman v. Kevin Donovan (38695) are rescheduled, tentatively, to the month of June 2020. All other currently scheduled hearings remain on the agenda until further notice.....”

That is bizarre?? The Sherman case is the *only* case being postponed??

 

[MistyWaters]

That is bizarre?? The Sherman case is the *only* case being postponed??

No, it’s 3 different hearings over the course of three different days. The Attorney General of Saskatchewan hearing involves the legitimacy of the Federal Carbon Tax, didn’t look up the Ontario one.

 

[branmuffin]

That is bizarre?? The Sherman case is the *only* case being postponed??

It does seem odd that a case regarding private citizens is up there with the only cases being heard deal with the federal government.

 

[MistyWaters]

It does seem odd that a case regarding private citizens is up there with the only cases being heard deal with the federal government.

Those were the only remaining SCC hearings scheduled in March and the docket for the month of March is now empty.

Supreme Court of Canada - Scheduled Hearings

My guess the reason is more than 50 people would expected to be present in each of the 3 separate proceedings, including the panel of judges, court reporters, security, litigants, interveners and a whole gaggle of respective attorneys.

50 people is the maximum size of any group mandated under COVID-19 controls by the Province of Ontario in order mitigate its spread.

 

[WINDSOR]

I wonder if any third party groups have done investigations and reached any conclusions about this crime.

Hypothetically; let us assume someone in the Israeli intelligence services and/or government knew the good works the Sherman's had done for the State of Israel. With all the rumours swirling around, 'ex-Mossad' 'Iranian Connection' 'Big Pharma' they want to know what happened and by whom.

Would they make discrete inquiries and investigations? They certainly would not have to follow Canadian law. Would they share their conclusions 'off the record' with the TPS? Or would it be in the best interest of this third party to MYOB and say nothing?

It is my own opinion, with the Sherman's high world-wide profile, a number of individuals/countries know what happened already.

 

[nuff]

Cousins of late Barry Sherman lose final battle in their claim for $1 billion from Apotex-founder’s fortune

 

[deugirtni]

Thanks for posting. The article is paywalled. There is another article here from The Sun;

Barry Sherman’s cousins lose last bid to get slice of Apotex fortune

 

[ldlager]

I wonder if any third party groups have done investigations and reached any conclusions about this crime.

Hypothetically; let us assume someone in the Israeli intelligence services and/or government knew the good works the Sherman's had done for the State of Israel. With all the rumours swirling around, 'ex-Mossad' 'Iranian Connection' 'Big Pharma' they want to know what happened and by whom.

Would they make discrete inquiries and investigations? They certainly would not have to follow Canadian law. Would they share their conclusions 'off the record' with the TPS? Or would it be in the best interest of this third party to MYOB and say nothing?

It is my own opinion, with the Sherman's high world-wide profile, a number of individuals/countries know what happened already.

Interesting speculation WINDSOR.
If The Israeli gov't knows that ex-Mossad agents were involved, I would expect that the Israeli's may have already "dealt with" the individuals involved.MOO

 

[Lexiintoronto]

Cousins of late Barry Sherman lose final battle in their claim for $1 billion from Apotex-founder’s fortune

Thank you for posting this.

From the SCC website:


Supreme Court of Canada - SCC Case Information - Docket - 38899

 

[dotr]

Top court won't take case over late Apotex mogul's treatment of cousins - CityNews Toronto
''OTTAWA — The Supreme Court has declined to hear an appeal in a long-running case over whether the billionaire founder of Apotex deprived his cousins of their rightful share of the generic pharmaceutical giant.''

''As usual, the Supreme Court gave no reason for its decision.''

 

[deugirtni]

Another one here from the Globe.. also paywalled:
Supreme Court declines to hear appeal in case over late Apotex mogul’s treatment of cousins

 

[branmuffin]

Even if the Shermans hadn't been slain, I believe the results would have been the same.

 

[Lexiintoronto]

Apotex Donates Hydroxychloroquine for a Clinical Study to Prevent Infection From Covid-19 With Front Line Health Care Workers
“Global interest in Hydroxychloroquine has surged with some governments already adding the product to their COVID-19 treatment protocols. Other countries are also considering the impact of this product, including the United States who requested that it be made available for use immediately.”

 

[Lexiintoronto]

Even if the Shermans hadn't been slain, I believe the results would have been the same.

After the cousins lost in the lower courts, before being murdered Barry Sherman sought to have his court costs increased. His Estate filed his request shortly after the murders.

If those were his wishes, I wonder if the Sherman heirs will sue for all that the Winter/Barkin cousins now owe the Estate. KW alone owes more than $8 million.

 

[MistyWaters]

After the cousins lost in the lower courts, before being murdered Barry Sherman sought to have his court costs increased. His Estate filed his request shortly after the murders.

If those were his wishes, I wonder if the Sherman heirs will sue for all that the Winter/Barkin cousins now owe the Estate. KW alone owes more than $8 million.

Probably add to that legal costs incurred by the estate as well for the final round. It’s very cheap to file an SCC appeal for a civil case, not so to lose.

Supreme Court of Canada - Important information about seeking leave to appeal to the Supreme Court of Canada
6. How much will this cost?
The Court will charge you $75 to file your application for leave to appeal and $75 to file any motion that is not filed with your application for leave to appeal.

You should be aware that, if the Court dismisses your application for leave to appeal in a civil case, it may order you to pay, in addition to the filing fees paid to the Registrar, costs claimed by the respondent. Costs are generally not ordered in criminal cases.

Costs for applications for leave to appeal range from $800 to over $2000. You may therefore wish to consult a lawyer before bringing your leave application. Only a lawyer will be able to provide you with an assessment of the merits of your case and your chances for success.

*********
The very first legal action by the cousins began against Royal Trust, the trustee of the Winter children’s estate, in 2001. Almost 20 years of fighting over Barry’s financial success in the pharmaceutical business, what a waste. First the loss against Royal Trust including an appeal, then against Barry personally when the case was dismissed and upheld both by the appeal court and SCC. What does that do to people’s heads, the anticipation of winning multi millions from a man even beyond the grave? Then poof, five times defeated, the dream is gone.

 

[Lexiintoronto]

Probably add to that legal costs incurred by the estate as well for the final round. It’s very cheap to file an SCC appeal for a civil case, not so to lose.

Supreme Court of Canada - Important information about seeking leave to appeal to the Supreme Court of Canada
6. How much will this cost?
The Court will charge you $75 to file your application for leave to appeal and $75 to file any motion that is not filed with your application for leave to appeal.

You should be aware that, if the Court dismisses your application for leave to appeal in a civil case, it may order you to pay, in addition to the filing fees paid to the Registrar, costs claimed by the respondent. Costs are generally not ordered in criminal cases.

Costs for applications for leave to appeal range from $800 to over $2000. You may therefore wish to consult a lawyer before bringing your leave application. Only a lawyer will be able to provide you with an assessment of the merits of your case and your chances for success.

*********
The very first legal action by the cousins began against Royal Trust, the trustee of the Winter children’s estate, in 2001. Almost 20 years of fighting over Barry’s financial success in the pharmaceutical business, what a waste. First the loss against Royal Trust including an appeal, then against Barry personally when the case was dismissed and upheld both by the appeal court and SCC. What does that do to people’s heads, the anticipation of winning multi millions from a man even beyond the grave? Then poof, five times defeated, the dream is gone.

I thought of that as well.

It made me think of this scene from the Princess Bride:

 

[branmuffin]

After the cousins lost in the lower courts, before being murdered Barry Sherman sought to have his court costs increased. His Estate filed his request shortly after the murders.

If those were his wishes, I wonder if the Sherman heirs will sue for all that the Winter/Barkin cousins now owe the Estate. KW alone owes more than $8 million.

I hope not, for their sake. It seemed to be a peculiar aspect of Barry's personality that he pursued his nephews claims with such vigor considering how much money he burned funding FDA's vanity projects.

 

[Lexiintoronto]

delete

 

[MistyWaters]

I hope not, for their sake. It seemed to be a peculiar aspect of Barry's personality that he pursued his nephews claims with such vigor considering how much money he burned funding FDA's vanity projects.

I don’t know, this lawsuit was for 20% of the value of Apotex, at least a billion dollars. Voluntarily giving a few million to vanity projects is one thing but as Apotex isn’t a publicly listed company, the cousins involved as Apotex shareholders or wanting to cash in would’ve created a humungous mess IMO.

If I were one of the Sherman children, whether or not I’d urge the Estate to proceed with legal collection action would depend on how much stress and anguish this lawsuit caused the parents during all those years. To represent their wishes, I’d make that decision and go from there.