Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #8

[dotr]

Updated 2007 article, rbbm.
Apotex founder hits hard in legal family feud
Paul Waldie European Correspondent
Published October 26, 2007 Updated April 26, 2018
"A feud between Apotex Inc. founder Barry Sherman and a group of relatives has heated up with allegations of a murder plot surfacing in court filings and attempts by Mr. Sherman to seize houses belonging to family members."

"He has filed a lawsuit to recover $8-million in loans to one cousin, Kerry Winter, and alleged in court filings that Mr. Winter once suggested Mr. Sherman hatched a plot to murder his uncle. Mr. Winter has denied that".

"Mr. Sherman has also appointed a receiver to seize four houses he helped Mr. Winter buy, including his family home in Toronto."

"A fifth house in Vancouver belongs to Julia Winter, the wife of a cousin who died in 1995. According to allegations filed in court, Mr. Sherman has moved to revoke a $321,000 mortgage he holds on that house because Ms. Winter joined the others in the lawsuit."

"Kerry Winter has alleged that Mr. Sherman is bullying the family and that he has gone back on a promise not to retaliate financially while the lawsuit over Toronto-based Apotex proceeded. "If he is permitted to continue, Mr. Sherman will cause me and my family irreparable harm," Mr. Winter said in an affidavit filed in court."

"In the deposition, he said the family dispute arose around 2002. Mr. Winter accused him of being "involved in some conspiracy to murder their father and deprive them of their inheritance in the 1960s."

Mr. Sherman said he was "totally flabbergasted at this untrue allegation."

 

[MistyWaters]

In Canada, a couple of years ago as a result of criminal charges being laid and it sometime was taking years and years for cases to reach the courtroom, the Supreme Court of Canada ruled trials must occur within “30 months for cases tried in provincial courts after a preliminary inquiry or in superior courts” (unless the accused intentionally causes the delay.

R v Jordan (2016) - Wikipedia.

So hypothetically, subsequent to the Sherman murders if either a main suspect or a key witness for the prosecution or defence has since been deemed mentally disabled, because of that 30 month limitation, I think the Prosecutor would have no choice but to hold off laying murder charges and instead await recovery, rather than risk charges being dismissed. An accused has every right to a defence including testimony from themselves or other witnesses.

Maybe a reason such as that is also why the Sherman names are conspicuously absent from the list of TPS Unsolved Homicide Cases?
Toronto Police Service :: To Serve and Protect

JMO

 

[ldlager]

In Canada, a couple of years ago as a result of criminal charges being laid and it sometime was taking years and years for cases to reach the courtroom, the Supreme Court of Canada ruled trials must occur within “30 months for cases tried in provincial courts after a preliminary inquiry or in superior courts” (unless the accused intentionally causes the delay.

R v Jordan (2016) - Wikipedia.

So hypothetically, subsequent to the Sherman murders if either a main suspect or a key witness for the prosecution or defence has since been deemed mentally disabled, because of that 30 month limitation, I think the Prosecutor would have no choice but to hold off laying murder charges and instead await recovery, rather than risk charges being dismissed. An accused has every right to a defence including testimony from themselves or other witnesses.

Maybe a reason such as that is also why the Sherman names are conspicuously absent from the list of TPS Unsolved Homicide Cases?
Toronto Police Service :: To Serve and Protect

JMO

Oops!!!!!!!!
I really have to wonder why they aren’t listed.

 

[MistyWaters]

Oops!!!!!!!!
I really have to wonder why they aren’t listed.

Not asking for tips, no release of grainy video asking for assistance in IDing an image of a person or vehicle also suggests TPS requires no public assistance - they consider it solved.

If one compares the lengthy timeframe of other complex Canadian criminal cases and trials in the past, now it all must be immediately ready to proceed quickly in order to meet the 30 month limitation. This has to have created a unique challenge, sometimes one that can only be overcome by charges not always being laid as quickly as in the past. JMO

 

[ldlager]

Not asking for tips, no release of grainy video asking for assistance in IDing an image of a person or vehicle also suggests TPS requires no public assistance - they consider it solved.

If one compares the lengthy timeframe of other complex Canadian criminal cases and trials in the past, now it all must be immediately ready to proceed quickly in order to meet the 30 month limitation. This has to have created a unique challenge, sometimes one that can only be overcome by charges not always being laid as quickly as in the past. JMO

Agreed
Fitness to stand trial | LawFacts
Unfit to stand trial” is defined in the Criminal Code.

It means that the accused person is unable, because of a mental disorder, to defend against the charge(s) they are facing or to tell their lawyer what they want to do with their case. Specifically, “unfit to stand trial” means:

1. The accused is not able to understand that they are in a courtroom, who the people in the courtroom are (i.e., the judge, the Crown, their lawyer) and why they are there; OR
2. The accused is not able to understand what they are charged with, what kinds of pleas they can enter (i.e., guilty or not guilty), what can happen to them if they plead guilty, or what can happen if they don’t tell the truth in court; OR
3. The accused is not able to communicate with their lawyer and tell them, even in basic terms, what they want to do with their case.

If a judge has reasonable grounds to believe that any or all of 1, 2 or 3 are true, a judge will likely order a fitness assessment. An accused who is not “unfit to stand trial” is usually referred to in court as “fit to stand trial” or simply as “fit.”

The law assumes that every accused person is “fit”, unless it is determined by a judge, after a fitness hearing that the accused is “unfit to stand trial.” This is called the “presumption of fitness” and is in the Criminal Code.

 

[MistyWaters]

Agreed
Fitness to stand trial | LawFacts
Unfit to stand trial” is defined in the Criminal Code.

It means that the accused person is unable, because of a mental disorder, to defend against the charge(s) they are facing or to tell their lawyer what they want to do with their case. Specifically, “unfit to stand trial” means:

1. The accused is not able to understand that they are in a courtroom, who the people in the courtroom are (i.e., the judge, the Crown, their lawyer) and why they are there; OR
2. The accused is not able to understand what they are charged with, what kinds of pleas they can enter (i.e., guilty or not guilty), what can happen to them if they plead guilty, or what can happen if they don’t tell the truth in court; OR
3. The accused is not able to communicate with their lawyer and tell them, even in basic terms, what they want to do with their case.

If a judge has reasonable grounds to believe that any or all of 1, 2 or 3 are true, a judge will likely order a fitness assessment. An accused who is not “unfit to stand trial” is usually referred to in court as “fit to stand trial” or simply as “fit.”

The law assumes that every accused person is “fit”, unless it is determined by a judge, after a fitness hearing that the accused is “unfit to stand trial.” This is called the “presumption of fitness” and is in the Criminal Code.

Yes that’s it, not saying we have any way of knowing it pertains to this situation but it could account for the present appearance of lack of progress in solving the case.

Here’s an example of a different case, allegations whereby even holding a trial might pose a risk to the mental health of the accused:

“.....The psychiatrist said the man's mental state is variable and very fragile, and it was "fairly likely" that the stress of a drawn-out trial would cause Klein's state to deteriorate to a point where he would be unable to follow the proceedings or communicate with his lawyer.......

.....When asked if justice would be served if Klein never went to trial, Peters said it would, because Canada doesn't allow mentally unfit people to stand trial.

"The point of this exercise is to make sure that when Mr. Klein goes to trial, he has a fair hearing," he said. "And the laws in this country are such that if somebody is unfit for trial, they're unable to participate in their own trial, that is not a fair hearing and not one that the courts would condone."...”
Man accused of student murder not fit for trial: court

 

[Satchie]

Not asking for tips, no release of grainy video asking for assistance in IDing an image of a person or vehicle also suggests TPS requires no public assistance - they consider it solved.

I think there must be another explanation as to why the Sherman case doesn't appear on the page of TPS unsolved cases. I notice this statement on the Homicide Division home page:

The families of murder victims must understand that a case is never closed until a verdict has been determined in court. The website is a public record of all unsolved murder investigations where no arrest warrant has been issued or an arrest has been made.
Toronto Police Service :: To Serve and Protect

To me, that says TPS wants to have all cases up until an arrest, but some families object (presumably out of a sense of shame or invasion of privacy). For example, some families don't seem to provide photos, perhaps other families have the clout to over-rule the policy altogether.

 

[MistyWaters]

I think there must be another explanation as to why the Sherman case doesn't appear on the page of TPS unsolved cases. I notice this statement on the Homicide Division home page:

The families of murder victims must understand that a case is never closed until a verdict has been determined in court. The website is a public record of all unsolved murder investigations where no arrest warrant has been issued or an arrest has been made.
Toronto Police Service :: To Serve and Protect

To me, that says TPS wants to have all cases up until an arrest, but some families object (presumably out of a sense of shame or invasion of privacy). For example, some families don't seem to provide photos, perhaps other families have the clout to over-rule the policy altogether.

It’s more than just the TPS page. This article aptly describes the silence from the past June and nothing has changed since then other than more of the same.
WARMINGTON: Nothing but silence six months after mysterious Barry and Honey Sherman deaths

 

[casesensitive]

Toronto Police Service :: To Serve and Protect[/URL]

JMO

quote snipped by me

I'll address your post and others at the same time. VI's usually provide personal information that isn't available in the media. KW has done that and it has been controversial for many reasons. But, we can believe a VI or decide not to believe him.

The fact that KW has been assessed, and was determined to need a litigation guardian for his lawsuit, does not translate to him being guilty of murdering of the Shermans.

The recent researching and speculations of possibly WHY the police or the attorney general have not yet arrested him (or left the Shermans off their unsolved website) because of his mental state is preposterous imo. He has always been an obvious suspect and under the radar. If the TPS have evidence that he was involved, they will arrest him immediately...even quicker if they thought he was insane and a danger to the public.

Do you really think that crazy murderers are not arrested until they are healed? They are arrested and charged and a judge decides if they are fit to stand trial. If they are assessed as sane--they go to trial, if assessed unfit--they are locked up in a psychiatric facility.

edit: the proper quote did not attach. I'll try in post directly below this post.

 

[casesensitive]

In Canada, a couple of years ago as a result of criminal charges being laid and it sometime was taking years and years for cases to reach the courtroom, the Supreme Court of Canada ruled trials must occur within “30 months for cases tried in provincial courts after a preliminary inquiry or in superior courts” (unless the accused intentionally causes the delay.

R v Jordan (2016) - Wikipedia.

So hypothetically, subsequent to the Sherman murders if either a main suspect or a key witness for the prosecution or defence has since been deemed mentally disabled, because of that 30 month limitation, I think the Prosecutor would have no choice but to hold off laying murder charges and instead await recovery, rather than risk charges being dismissed. An accused has every right to a defence including testimony from themselves or other witnesses.

Maybe a reason such as that is also why the Sherman names are conspicuously absent from the list of TPS Unsolved Homicide Cases?
Toronto Police Service :: To Serve and Protect

JMO

My above post is in reply to this one.

 

[MistyWaters]

<snipped>

Do you really think that crazy murderers are not arrested until they are healed? They are arrested and charged and a judge decides if they are fit to stand trial. If they are assessed as sane--they go to trial, if assessed unfit--they are locked up in a psychiatric facility.

edit: the proper quote did not attach. I'll try in post directly below this post.

If you’re referring to a NCR defence, because the Sherman homicides were staged as suicides (ie covered-up), I don’t believe an accused would be found Not Guilty because of that criteria.

 

[Deleted member 102539]

MANDEL: Barry Sherman’s cousins fighting for share of Apotex fortune

Kerry Winter is angry.
................
And the emotional lead plaintiff? Winter stormed out of the courtroom. After introducing myself, he offered only two words — and they weren’t nice ones.

 

[MistyWaters]

If anyone is interested in reading court files, just recently Toronto Star attempted to gain access to both of the Sherman Estate files in the interest of public disclosure. However the Judge ruled them sealed for an initial period of two years, extendable if the situation warrants.

To summarize, the arguments were:
“......The respondents submit that the private lives of these two victims have already been exposed to public view in lurid detail, details that have put the family through the anguish of fending off unfounded accusations that what they firmly believed was a sinister, targeted double murder was actually a murder suicide. They submit that there is no public interest to be served by invading the privacy and dignity of the victims and their family still further simply to add more fuel to the publicity fire.........
and
......They further submit that the lack of tangible information about the motives and perpetrator or perpetrators of the crime creates a reasonable apprehension of risk to those who are the administrators or beneficiaries of the estate of these two victims. While significant details regarding the family, for example, have been made public, not all details that would find its way into a routine estate application have been the object of publicity. Opening to public review the names of spouses, the names of grandchildren, professional or residential addresses and other personal details poses a material risk of providing useful and heretofore unknown information in the event that the motives underlying the crime have not yet been exhausted.
CanLII - 2018 ONSC 4706 (CanLII)

 

[Kerry Winter]

Quoting my own post in regards to this earlier media report.

April 4th
Teplitsky said the Law Society of Upper Canada suggested he bring a motion before court to appoint a litigation guardian, something done in cases where “unsoundness of mind” is determined, according to Teplitsky’s documents.

Winter is opposing the appointment of a litigation guardian (a lawyer provided by the province at provincial expense) and has told the Star he is competent to represent himself.
Barry Sherman’s cousin to undergo ‘disability’ assessment as billion-dollar appeal continues | The Star


So according to the most recent media report, KW is indeed being represented by a Litigation Guardian in the cousins’ lawsuit therefore “unsoundness of mind” was determined by a mental health assessment.

Is that why this case has gone silent as well? If TPS are interested in interviewing KW again for any reason, they cannot until he’s overcome his mental disability through treatment, assuming it’s a temporary situation.

As for KWs recent participation on this thread to promote M/S and place himself as the holder of truth involving the Sherman deaths, although we cannot know his motivation I suppose he can write whatever he wants knowing he cannot be held accountable. Intentional and devious hoodwinking by him to create a lot of wasted energy focused on M/S, is how I feel about it.

I look forward to the article coming out which will clearly state what l know and haven’t put on this site. I can assure you Misty: not wasted energy on M/S. Hopefully....days away.
Interesting: B. Greenspan’s trying to run interference. Guess he’s a little bit concerned.

 

[Kerry Winter]

Updated 2007 article, rbbm.
Apotex founder hits hard in legal family feud
Paul Waldie European Correspondent
Published October 26, 2007 Updated April 26, 2018
"A feud between Apotex Inc. founder Barry Sherman and a group of relatives has heated up with allegations of a murder plot surfacing in court filings and attempts by Mr. Sherman to seize houses belonging to family members."

"He has filed a lawsuit to recover $8-million in loans to one cousin, Kerry Winter, and alleged in court filings that Mr. Winter once suggested Mr. Sherman hatched a plot to murder his uncle. Mr. Winter has denied that".

"Mr. Sherman has also appointed a receiver to seize four houses he helped Mr. Winter buy, including his family home in Toronto."

"A fifth house in Vancouver belongs to Julia Winter, the wife of a cousin who died in 1995. According to allegations filed in court, Mr. Sherman has moved to revoke a $321,000 mortgage he holds on that house because Ms. Winter joined the others in the lawsuit."

"Kerry Winter has alleged that Mr. Sherman is bullying the family and that he has gone back on a promise not to retaliate financially while the lawsuit over Toronto-based Apotex proceeded. "If he is permitted to continue, Mr. Sherman will cause me and my family irreparable harm," Mr. Winter said in an affidavit filed in court."

"In the deposition, he said the family dispute arose around 2002. Mr. Winter accused him of being "involved in some conspiracy to murder their father and deprive them of their inheritance in the 1960s."

Mr. Sherman said he was "totally flabbergasted at this untrue allegation."

Not true. My brother Jeff has always believed that Barry was involved in taking my father out....not me.

 

[JDG]

Ontario Court of Appeal, said today that there is no reason for another trial for the
Sherman cousins who wanted a cut of Apotex billions.

Article is in Toronto Star.

 

[Sanz]

Thank you for the update @JDG

Cousins of the late Barry Sherman have lost what may be their final bid for part of the billionaire’s fortune.

A three-justice panel of the Ontario Court of Appeal ruled Wednesday that a lower court’s decision that there was no need for a trial in the case was correct. The justices also upheld the lower court’s decision last September that the decades old fight was an “abuse of process” by the Sherman cousins.

The cousins have now been ordered to pay $60,000 to the Sherman side to cover its legal costs in defending the appeal, on top of the $300,000 in costs awarded Sherman in September 2017 when Justice Kenneth Hood of the Superior Court of Justice made the ruling that the court of appeal adjudicated.

https://www.google.com/amp/s/www.th...peal-for-piece-of-drug-companys-billions.html

 

[ldlager]

I am starting to wonder if Apotex' involvement in the fentanyl business could be related to this crime. Apotex markets the product, and consequently acquires significant quantities of the Active Pharmaceutical Ingredient (API). Perhaps certain parties who are acquiring/selling this product illegally were concerned with Apotex acquiring significant quantities; reducing the API supply; and driving up the API costs? Pure speculation on my part, but I haven't seen this discussed previously.

 

[tarabull]

I wonder with you, could there be something to it??? :IMHO: :MOO: :COW:

How a little-known patent sparked Canada’s deadly opioid crisis

Province suing Big Pharma - BC News

 

[WINDSOR]

Reading the ruling in the Toronto Star regarding the Winter children's quest for a 5% share of Apotex, a few of points come to mind.
1) The 'law' and 'justice' are often mutually exclusive.
2) I doubt that any of the Winter children had anything to do with the deaths of Barry and Honey, as with the children's case before the courts, there would be no benefit from the Sherman's death, and likely counter-productive.
3) It not likely the Sherman estate will ever collect the court costs awarded to them.
4) Everybody loses in court but the lawyers.