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

[ldlager]

Inspector Kenda says, it is either money, sex or revenge that are the motivators for murder. In this case it sure looks like money.

Revenge can surely be a powerful motivator to some people IMO......

 

[Lexiintoronto]

Also from today's article. Shocking and telling IMO:
"...One source close to the Sherman family said Jonathon wanted his business partner Adam Paulin to be an estate trustee. “No way,” Barry said, according to the source..."

Adam Paulin is still a mystery and he seems to be a key figure in all of this. I don’t understand why KD hasn’t written more about him.

 

[bancam]

Adam Paulin is still a mystery and he seems to be a key figure in all of this. I don’t understand why KD hasn’t written more about him.

Like me, maybe he’s just waiting for the time-stamped photograph of AP’s hand with the Taj Mahal or Eiffel Tower in the background.

 

[Tobiano8th]

I may be confusing divorce law and estate law....

but after being married for 55 years (estimate on my part), aren't all of BS assets HS assets as well and vice-versa? aren't they spousal assets realistically at some point? .......... I've always wondered about this.

 

[Tobiano8th]

I should mention on my comment/question regarding BS/HS spousal assets.

I understand that being married for 55 years is much different than 85 year-old billionaire marries 30 year-old vixen, dies 3 years later and there's a big fight between spouse and billionaire's kids.

I just figure at some point the assets are considered 100% shared. and with the Shermans, everyone should be on the same page..... not true of young 2nd or 3rd wife and adult children of 1st wife. in that case, their interests are often adversarial

 

[MistyWaters]

I should mention on my comment/question regarding BS/HS spousal assets.

I understand that being married for 55 years is much different than 85 year-old billionaire marries 30 year-old vixen, dies 3 years later and there's a big fight between spouse and billionaire's kids.

I just figure at some point the assets are considered 100% shared. and with the Shermans, everyone should be on the same page..... not true of young 2nd or 3rd wife and adult children of 1st wife. in that case, their interests are often adversarial

Aside from Individual Wills, it’s also absolutely routine for a couple to draw up a Joint Will in the event they both die at the same time, most often including a 30-day survivorship clause meaning if the two die within 30 days then the deaths are considered simultaneous. Obviously a Joint Will involves mutual agreement of both parties.

The preparation of a Joint Will is always a matter of prudent Estate Planning in the event both die suddenly even in examples such as fatal accidents involving a motor vehicle, plane crash or drowning, etc. Considering their wealth and access to professional legal advice and estate planning, I’d be very surprised if the Shermans hadn’t prepared a Joint Will. If they did, the desired dispositions contained within the Joint Will would take precedence over instructions contained within their respective individual wills.

For some reason the focus seems to be on individual Wills in this case. What’s more important IMO is the answer to the question - Did the couple complete a Joint Will?

 

[JDG]

MistyWaters, In the province where I live, a back-to-back will is used by many couples.

It means that ' all my worldly goods' are yours if/when I die for a married couple.

Covers the right of survivorship and always has the 30 day requirement for survivorship. AFAIK

There are also wills that pertain to non marital possessions that may be passed down to other relatives, ie grandmas sewing machine, china etc.

No couple is forced to use either of these wills, its very variable depending on their beliefs and relationships.
From what I've read, the Shermans each had opposing ideas of what to do with their (his) property after death.

Honey was most likely going to give a lot of it away, with some going to the children.

Barry was going to give it to the kids in equal measure.

I wonder what was in their Marriage Contract and if that can be held up in a civil court??

Perhaps a legal beagle can let us know.

I do know that in the Jewish faith, a couple have a Marriage Contract that covers, in detail, their life plan and how things are to be 'sorted' in case of divorce. Does it cover death of a spouse as well?? I would think so.

 

[Lexiintoronto]

I should mention on my comment/question regarding BS/HS spousal assets.

I understand that being married for 55 years is much different than 85 year-old billionaire marries 30 year-old vixen, dies 3 years later and there's a big fight between spouse and billionaire's kids.

I just figure at some point the assets are considered 100% shared. and with the Shermans, everyone should be on the same page..... not true of young 2nd or 3rd wife and adult children of 1st wife. in that case, their interests are often adversarial

This is way out of my depth, but I was the executrix of my parents’ estates (they died a few months apart). My mother passed first.

My parents held property and some joint accounts together, so that easily passed to my father. But my mother had one investment portfolio with a different heir designated, so it passed to that heir.

She had some money/investments in accounts only in her name which went to my father with the help of our lawyer.

 

[JDG]

I may be confusing divorce law and estate law....

but after being married for 55 years (estimate on my part), aren't all of BS assets HS assets as well and vice-versa? aren't they spousal assets realistically at some point? .......... I've always wondered about this.

The only things that are spousal assets are the legal requirements of marital property laws in your jurisdiction and items that are jointly owned.

Things such as pension plans, registered retirement plans, life insurance etc. stand outside of a will and can be assigned a beneficiary.

As Lexi stated, bank accounts and other investments can also be assigned a beneficiary.

Seems Barry was not 'into' sharing ownership of his assets or so we are lead to believe.

He was willing to leave her a large income to do with as she pleased.

 

[MistyWaters]

MistyWaters, In the province where I live, a back-to-back will is used by many couples.

It means that ' all my worldly goods' are yours if/when I die for a married couple.

Covers the right of survivorship and always has the 30 day requirement for survivorship. AFAIK

There are also wills that pertain to non marital possessions that may be passed down to other relatives, ie grandmas sewing machine, china etc.

No couple is forced to use either of these wills, its very variable depending on their beliefs and relationships.
From what I've read, the Shermans each had opposing ideas of what to do with their (his) property after death.

Honey was most likely going to give a lot of it away, with some going to the children.

Barry was going to give it to the kids in equal measure.

I wonder what was in their Marriage Contract and if that can be held up in a civil court??

Perhaps a legal beagle can let us know.

I do know that in the Jewish faith, a couple have a Marriage Contract that covers, in detail, their life plan and how things are to be 'sorted' in case of divorce. Does it cover death of a spouse as well?? I would think so.

As I recall the documents filed by the Trustees involved in the SCC appeal stated the Estate was uncontested so a civil suit wouldn’t be involved here I don’t think. It wouldn’t make sense for somebody to not contest the Will but file a civil suit later.

But we still don’t know if a Joint Will was involved because surely some of their assets would be considered joint, least of all the matrimonial home. At this point in time we also don’t know who’s names the shares for the various companies were held by, as all are private companies not subject to public disclosure. If indeed assets were already transferred they wouldn’t be involved in any Wills, nor would Trusts.

BBM

Toronto billionaire’s orphaned cousins seek piece of Apotex fortune
April 1,2017
“Teplitsky, the plaintiffs’ new lawyer, said the updated statement of claim was rewritten to flesh out more details around the plaintiffs’ fiduciary claim against Sherman and his co-defendants. They are also seeking to add Sherman’s wife, Honey, his children and his sister as defendants at the July court hearing, alleging that Sherman has transferred assets to them.

(Sherman, in an affidavit affirmed in January 2017, says the defendants oppose this motion to include his relatives because the allegations proposed to be added to the lawsuit “fail to state a cause of action.”)....”

 

[JDG]

MistyWaters,

I do think we know they did not have a Joint Will by virtue of the fact that they had opposing ideas of what to do with the assets.

My guess is that Barry kept marital possessions to a minimum for whatever reason, he'd have to follow civil law but he doesnt strike me as a generous sorta guy when it came to Honey.

What was missing, IMO, was Honeys' ownership of any of the assets.

Sure she had limited access to cash, as handed out by Barry and not in accordance with their wealth so it seems.

She and other family members may have been 'hiding' some assets as per above but that would have been fairly recent IMO.

Seems a lot of wealth was transferred through to Sherfam for distribution to who-knows??

As for 'civil suit' I was only referring to the Marital Contract and that is a moot point as Honey did not survive.

My understanding is that it spells out exactly what compensation the wife will get in case of divorce and alimony but I am curious if it spells out what the widow gets upon death of her spouse.

 

[ldlager]

A Sherman family member has raised with the Davies law firm a concern over the timing of a legal document related to the 2017 codicil. Sources say the family member was concerned that it was not signed until after Barry and Honey were dead. The document is called an “affidavit of execution” and it is a notarized document used in large estates to provide proof that the witnesses to the will actually did witness it. According to the Sherman family member, this document was not signed by the two witnesses and notarized until after the Shermans were dead. “Apparently there was a bit of a panic and the lawyers rushed up to get the affidavits of execution signed so there would not be a problem with the will,” the Sherman family member said.

The same family member has also raised with Davies a concern about the legitimacy of Barry’s signature on the 2017 codicil.

I suspect either Lovely aunt Mary or one of the daughters is behind these allegations, as the codicil removed Mary’s husband and the Sherman daughters as trustees. Hard to imagine JS had a problem with the will or the codicil.

 

[nuff]

deleted

 

[deugirtni]

.... I suspect either Lovely aunt Mary or one of the daughters is behind these allegations, as the codicil removed Mary’s husband and the Sherman daughters as trustees. Hard to imagine JS had a problem with the will or the codicil.

Except... if the executors had been left as they were (8 of them including JS), and JK was 'fired', making 7 executors, and assuming the ex-employee wouldn't have bothered attending the executor meetings, JS may have felt he may have been able to control his sisters to agree with him (since he asks the tough questions and was educated in business), the voting to make certain things happen may have been easier to manipulate? (In fact, I wonder if that could be why B revoked his 3 daughters from their executor status?) As it stands right now, it seems that all 3 sisters and the remaining two other current executors are not aligned with JS's way of thinking, but we don't know when these accusations took place, of B not having really signed this codicil. jmo. If it were Mary's husband, how would he even know the timing of the signing of the witness document came after the murders. jmo.

 

[al66pine]

The Ketubah

.... what was in their Marriage Contract and if that can be held up in a civil court??.... in the Jewish faith, a couple have a Marriage Contract that covers, in detail, their life plan and how things are to be 'sorted' in case of divorce. Does it cover death of a spouse as well?? ...

@JDG bbm snipped for focus I went down rabbit holes* info on the Judiasm-based marriage contract, the Ketubah. Seems generally imo, not so detailed as to life plan, property disposition, etc. as ^ post suggests, but does address end of marriage by either divorce or death. Some articles, including one below, discuss the both the Ketubah and the modern Western civil law's pre-marital agreement.

"In modern practice, the ketubah has no agreed monetary value, and is seldom enforced by civil courts, except in Israel.[2]" Ketubah - Wikipedia

ETA: I added links & a couple sentences. Tho vaguely aware of the concept of the Jewish Ketubah, previously I had not read anything more than a page about history and significance. The things we learn on WebSleuths.

ETA2: Maybe someone knowledgeable can ring in to comment, clarify or correct, as to whether the Ketubah, if executed between BS & HS, would have effected aftermath of their deaths, or other aspects of this case. I don't know.
_________________________________________
* Jewish views on marriage - Wikipedia
Jewish prenuptial agreement - Wikipedia
http://www.jlaw.com/Articles/KETUBAH.pdf discusses significance & enforceability of Ketubah in secular law in America (not Canada). 24 pages. Interesting, by two Rabbis, w one of them a Professor of Law at Emory U.
Ketubah: The Jewish Marriage Contract and What it Really Says
Generting a Jewish Marriage Contract (Ketubah) in One Step

 

[Lexiintoronto]

Updating a rough timeline: (please make corrections or comments if you’d like. I’m just following the JS timeline, but I’ll add other major events and players.)

2013, BS updates his will naming trustees Jack Kay, Craig Baxter (then president of Sherfam, the Sherman family holding company), Mike Florence (husband of Barry’s sister Sandra), Allen Shechtman (husband of Honey’s sister Mary), and Barry and Honey’s grown children, Lauren, Jonathon, Alexandra and Kaelen. (Source: Honey Sherman would have controlled the ‘net income’ of husband Barry’s multibillion-dollar fortune had she lived, sources reveal )

April, 2015, Heated email exchange between BS & JS. JS did not understand or approve of BS financing Frank D’Angelo and his projects. JS suggested in further emails to his sisters that BS was unfit to handle finances, and as shareholders that was a concern they should act upon. (the sisters did not support this suggestion).

JS asks BS to agree to fund a 250 million dollar business plan for himself and Adam Paulin. JS asks BS to meet with him and Adam Paulin, saying: “I can promise to remain calm and amicable”

BS is quoted by friends as saying Jonathon attempted a ‘palace coup’ in regards to JS’s suggestions to the Sherman daughters that he was unfit to make financial decisions. From this date forward in 2015, BS did not loan or advance money to JS or his companies. (KD’s book, pg 256)

-2016, 5 million of Sherfam money advanced to Hour Holdings (JS & AP’s company) to purchase a storage company (source KD’s book, pg 259)

-March 29, 2017, BS updates his will, removing some estate trustees and adding others. The trustees are now: Jack Kay, Jonathon Sherman, Alex Glasenberg (Sherfam),Brad Krawczyk (Sherman daughter Alex’s husband and Sherfam employee) (source: Honey Sherman would have controlled the ‘net income’ of husband Barry’s multibillion-dollar fortune had she lived, sources reveal )

-April, 2017, BS (Sherfam?) loaned $50 million to Green Storage to purchase a property (source, KD’s book, pg 259)

-September 2017, Hour holdings (JS & AP’s company) advanced 1.5 million for the construction of a cottage owned by Jonathon Sherman and Adam Paulin. (Source, KD’s book, pg 259)

- November 16th, 2017, BS sends an email to JS and AP requesting repayment of 50-60 million. (Mid-November BS comments in an email that JS’s ‘hostility persists’, BS also mentions JS’s lack of involvement with Apotex.)

-November 28, 2017, height of disagreement between BS/AP & JS. Barry asks for return of money ASAP

-November 30, or December 1st, JS and his husband go to Japan ‘on vacation’, doesn’t act on BS’s demand for repayment.

-Approximately December 7th, 2017, BS pays $311,609 to a US company for JS’s surrogate’s fees.

​

-December 12th, 2017, daytime, HS uncharacteristically misses a meeting at the Baycrest Centre Foundation, as she was ‘dealing with some stuff’.

​

-December 12th, 2017, evening, JS and his husband return home from Japan.

-December 13th, 2017 was the last day the Shermans were seen alive. JS requests $17,677 USD from BS. BS instructs a staffer to send it to him.

-December 13th, 2017 @ 7:17 pm, time code of photo of JS’s hand, with his home in the background, that JS later shows to KD to establish his whereabouts on the evening of the murders.

(Many 7s and 17s in this timeline.)

Email & JS information, bbm:


Barry Sherman’s son says his father asked him to repay tens of millions of dollars, two weeks before murders, but Barry was ‘all in’ with son’s business

Information about the meeting HS missed, and her explanation, bbm;


Endless court battles, angry relatives and shady players: the truth about Barry Sherman

More timeline info:Did someone know Barry and Honey Sherman’s schedule? Close friends were away and they had nothing planned

ETA: I put it in a quote box because it’s so lengthy. Can anyone suggest where I can create a timeline and link it here safely?

 

[al66pine]

Date of Affidavit of Execution?

.... a concern over the timing of a legal document related to the 2017 codicil... According to the Sherman family member, this document was not signed by the two witnesses and notarized until after the Shermans were dead...

@ldlager. bbm, snipped for focus. From ^ post, I'm not sure 1. who the ^ above "Sherman family member" was, or 2. whether supposed "panic" was felt by a fam member, atty in Davies law firm, or someone else.
.
Regardless of who panicked, seems there may have been no/little reason for alarm."While not part of the will itself, an affidavit of execution is typically required when a probate application is filed in Ontario. It can most easily be obtained at the same time as the execution of the will or codicil (or shortly after), but it can also be sworn much later, including after the testator’s death, if one of the witnesses can be located."* bbm my2ct
__________________________________
* Common Errors When Completing the Affidavit of Execution of Will or Codicil | SL Article | LexisNexis Canada).
^ Atty Ian Hull, CV/credentials: Ian M. Hull Profile | Oakville, ON Lawyer | Martindale.com

 

[Lexiintoronto]

Date of Affidavit of Execution?
@ldlager. bbm, snipped for focus. From ^ post, I'm not sure 1. who the ^ above "Sherman family member" was, or 2. whether supposed "panic" was felt by a fam member, atty in Davies law firm, or someone else.
.
Regardless of who panicked, seems there may have been no/little reason for alarm."While not part of the will itself, an affidavit of execution is typically required when a probate application is filed in Ontario. It can most easily be obtained at the same time as the execution of the will or codicil (or shortly after), but it can also be sworn much later, including after the testator’s death, if one of the witnesses can be located."* bbm my2ct
__________________________________
* Common Errors When Completing the Affidavit of Execution of Will or Codicil | SL Article | LexisNexis Canada).
^ Atty Ian Hull, CV/credentials: Ian M. Hull Profile | Oakville, ON Lawyer | Martindale.com

O/T but you do a great job with your footnotes.

 

[Lexiintoronto]

Added ‘day of’ details to the timeline.

2013, BS updates his will naming trustees Jack Kay, Craig Baxter (then president of Sherfam, the Sherman family holding company), Mike Florence (husband of Barry’s sister Sandra), Allen Shechtman (husband of Honey’s sister Mary), and Barry and Honey’s grown children, Lauren, Jonathon, Alexandra and Kaelen. (Source: Honey Sherman would have controlled the ‘net income’ of husband Barry’s multibillion-dollar fortune had she lived, sources reveal )

April, 2015, Heated email exchange between BS & JS. JS did not understand or approve of BS financing Frank D’Angelo and his projects. JS suggested in further emails to his sisters that BS was unfit to handle finances, and as shareholders that was a concern they should act upon. (the sisters did not support this suggestion).

JS asks BS to agree to fund a 250 million dollar business plan for himself and Adam Paulin. JS asks BS to meet with him and Adam Paulin, saying: “I can promise to remain calm and amicable”

BS is quoted by friends as saying Jonathon attempted a ‘palace coup’ in regards to JS’s suggestions to the Sherman daughters that he was unfit to make financial decisions. From this date forward in 2015, BS did not loan or advance money to JS or his companies. (KD’s book, pg 256)

-2016, 5 million of Sherfam money advanced to Hour Holdings (JS & AP’s company) to purchase a storage company (source KD’s book, pg 259)

-March 29, 2017, BS updates his will, removing some estate trustees and adding others. The trustees are now: Jack Kay, Jonathon Sherman, Alex Glasenberg (Sherfam),Brad Krawczyk (Sherman daughter Alex’s husband and Sherfam employee) (source: Honey Sherman would have controlled the ‘net income’ of husband Barry’s multibillion-dollar fortune had she lived, sources reveal )

-April, 2017, BS (Sherfam?) loaned $50 million to Green Storage to purchase a property (source, KD’s book, pg 259)

-September 2017, Hour holdings (JS & AP’s company) advanced 1.5 million for the construction of a cottage owned by Jonathon Sherman and Adam Paulin. (Source, KD’s book, pg 259)

- November 16th, 2017, BS sends an email to JS and AP requesting repayment of 50-60 million. (Mid-November BS comments in an email that JS’s ‘hostility persists’, BS also mentions JS’s lack of involvement with Apotex.)

-November 28, 2017, height of disagreement between BS/AP & JS. Barry asks for return of money ASAP

-November 30, or December 1st, JS and his husband go to Japan ‘on vacation’, doesn’t act on BS’s demand for repayment.

-Approximately December 7th, 2017, BS pays $311,609 to a US company for JS’s surrogate’s fees.

-December 12th, 2017, daytime, HS uncharacteristically misses a meeting at the Baycrest Centre Foundation, as she was ‘dealing with some stuff’.

-December 12th, 2017, evening, JS and his husband return home from Japan.

-December 13th, 2017 was the last day the Shermans were seen alive. This information is from KD’s book, and articles linked below.

8:30 am: Personal trainer and friend, Denise Gold arrives at the Sherman family home as part of her twice-weekly training session for both Honey and Barry.

BS routinely would open the front door to pick up the paper (Toronto Star), read it in the kitchen, and eat his breakfast, cutting 15 minutes into the beginning of his session.

9:30 am: Barry’s workout is completed.

10:00 am: He leaves for work. Gold states that Barry wore one of two almost-identical new belts that HS had purchased from Canadian Tire. (Identical except for size.)

9:30- 11:30 Honey’s workout session. Gold left after the session.

Mid-morning:

• JS requests $17,677 USD from BS. BS instructs a staffer to send it to him.
• Real estate agent Elise Stern is at the Sherman home, as well as workers and cleaners

11:30-2:30, approximately, HS had massage therapy at home.

2:30 pm - 3:30 pm, BS had a routine meeting with then-Apotex CEO Jeremy Desai and legal council at Apotex

5:00 pm, HS pulled into the Apotex parking lot, followed shortly by architects there to meet with HS and BS to discuss the plans for the new house they were planning to build.

5:00 pm is the time that magnetic locks activate, preventing anyone from entering the building without a special pass.

6:30 pm, the meeting ends and BS walks them all to the front doors and they exit. The team of architects drive off, and HS drives off separately. HS stops by Bayview Village Shopping Centre (time not specified).

-7:17 pm, time code of photo of JS’s hand, with his home in the background, that JS later shows to KD to establish his whereabouts on the evening of the murders.(source in article linked below.)

8:13 pm, BS composed a routine email at his desktop computer at Apotex.

8:30 pm, BS left Apotex.

-Barry and Honey Sherman were murdered within a few hours upon arriving home on Wednesday, December 13th, according to Homicide Inspector Hank Idsinga. (His statement was on January 15th, 2020. Barry and Honey Sherman were murdered within hours of arriving home, Toronto police say)

(Many 7s and 17s in this timeline.)

Email & JS information, bbm:


Barry Sherman’s son says his father asked him to repay tens of millions of dollars, two weeks before murders, but Barry was ‘all in’ with son’s business

Information about the meeting HS missed, and her explanation, bbm;


Endless court battles, angry relatives and shady players: the truth about Barry Sherman

More timeline info:Did someone know Barry and Honey Sherman’s schedule? Close friends were away and they had nothing planned

 

[JDG]

A Sherman family member has raised with the Davies law firm a concern over the timing of a legal document related to the 2017 codicil. Sources say the family member was concerned that it was not signed until after Barry and Honey were dead. The document is called an “affidavit of execution” and it is a notarized document used in large estates to provide proof that the witnesses to the will actually did witness it. According to the Sherman family member, this document was not signed by the two witnesses and notarized until after the Shermans were dead. “Apparently there was a bit of a panic and the lawyers rushed up to get the affidavits of execution signed so there would not be a problem with the will,” the Sherman family member said.

The same family member has also raised with Davies a concern about the legitimacy of Barry’s signature on the 2017 codicil.

I suspect either Lovely aunt Mary or one of the daughters is behind these allegations, as the codicil removed Mary’s husband and the Sherman daughters as trustees. Hard to imagine JS had a problem with the will or the codicil.

I can see JS panicking if he thought the lack of signatures meant it had not taken effect. ie was invalid.