What about legal privilege? It continues after death. I’m not saying I agree that anyone with info should keep it private after a client’s murder, but I’m not sure the lawyer is permitted to waive privilege without his deceased client there to authorize him to do so. Does anyone know the answer to this?
Sure. But we are talking about a will. Its the wishes of the deceased - the closest thing to what you are highlighting as important (their consent). The entire premise of the will is that upon death, it activates. The premise is not that there should be a legal battle as to whether it sees the light of day. So I think as KD has seemingly reported, the Apotex deal may have enveloped everything, including anything related to the will. The reason? The will likely includes succession details RELATED to Apotex. So here, the company could be invoking privilege in a very liberal way.
www.pringlelaw.ca
This implies that if a will exists, the family could keep it hidden and do whatever they want. It all seems murky. More to come with the will and estate. We know TPS is intrigued. As is KD...
What is Solicitor-Client Privilege? | Pringle Law | Edmonton Criminal Defence Lawyers
Confidentiality matters: Unpacking the importance of solicitor-client privilege in Canada.''HOW LONG ARE THE COMMUNICATIONS PROTECTED?
Solicitor-client privilege is permanently protected, meaning that the privilege continues even if the solicitor-client relationship ends and the file has been closed. This privilege is so protected that, subject to the exceptions below (and in the unique case where the validity of a will is in dispute), solicitor-client privilege survives the death of the client.''
I agree a will would normally be disclosed. But if the will was not yet signed, but rather edits were contemplated, that is different. Proposed changes to a will might be a motive to murder, but they are not an actual will to be disclosed. Whether or not the lawyer can disclose discussions relating to a will or estate planning changes/gifts in light of the subsequent murders is unclear to me. Legal privilege is very entrenched, and the deceased are also entitled to privacy in their legal consultations. That said, one would think if one was murdered they may wish relevant information re the murderer(s) to come to light, even from their lawyer.
Yes. But she "updated her will". The implication, which KD basically agrees with, is that the will did exist...
Wondering if they have always beenclose, do they share similar interests? speculation.
I don’t believe for one second that the murderers were trying to leave behind a scene that would lead the police to believe that they were looking at a murder/suicide.
Thanks Dotr. Given that police respond very quickly to 911 calls, it seems pretty certain that the call was made the morning following the murdersMay 20, 2019
Barry and Honey Sherman’s neighbours cite mysterious 911 call, visitor on day before billionaires found dead
Police investigated a 911 call on the Sherman’s street when the couple lay dead or dying, neighbours say. A security camera also captured a car pulling up and a man approaching the house three times.www.thestar.com
''No official time of death has been released but sources close to the case have said it is believed the Shermans died late on Wednesday or early Thursday morning. Police are investigating the case as a targeted double homicide.
On the Thursday morning at 9:45 a.m., a full day before the Sherman bodies were discovered, homeowners down the road from the Shermans answered a knock on their door. The Star has agreed not to identify the homeowners or their exact address. They live roughly 10 houses away on Old Colony, near Bayview Ave. and Hwy. 401.
The man at the door was a uniformed police officer asking if someone in their home had made a 911 call. The homeowners said no. The officer shared few details, but said police believed it came from the homeowners’ house, but did not say if the call had come from a cellular phone or a landline. The officer did not say what time the call came in.
The next day, when news surfaced late in the afternoon of the Shermans’ bodies being discovered, one of the homeowners happened to be driving near Toronto Police Services 33 Division (the local division that was at the time investigating the Shermans’ deaths before the homicide unit took over). The homeowner went in to make a report, wanting to alert them to the fact a police officer had been on Old Colony Rd. the day before.
“It was just too much of a coincidence and I thought police should know,” the homeowner told the Star. That Friday night at the police division, the homeowner was told by police that “maybe some wires were crossed” and that is why it appeared a 911 call had been made.''
If the killers could get unauthorized and secret access to BS and HS emails and phone records couldnt JS do the same?
May 20, 2019Barry and Honey Sherman’s neighbours cite mysterious 911 call, visitor on day before billionaires found dead
Police investigated a 911 call on the Sherman’s street when the couple lay dead or dying, neighbours say. A security camera also captured a car pulling up and a man approaching the house three times.
''No official time of death has been released but sources close to the case have said it is believed the Shermans died late on Wednesday or early Thursday morning. Police are investigating the case as a targeted double homicide.
On the Thursday morning at 9:45 a.m., a full day before the Sherman bodies were discovered, homeowners down the road from the Shermans answered a knock on their door. The Star has agreed not to identify the homeowners or their exact address. They live roughly 10 houses away on Old Colony, near Bayview Ave. and Hwy. 401.
The man at the door was a uniformed police officer asking if someone in their home had made a 911 call. The homeowners said no. The officer shared few details, but said police believed it came from the homeowners’ house, but did not say if the call had come from a cellular phone or a landline. The officer did not say what time the call came in.
The next day, when news surfaced late in the afternoon of the Shermans’ bodies being discovered, one of the homeowners happened to be driving near Toronto Police Services 33 Division (the local division that was at the time investigating the Shermans’ deaths before the homicide unit took over). The homeowner went in to make a report, wanting to alert them to the fact a police officer had been on Old Colony Rd. the day before.
“It was just too much of a coincidence and I thought police should know,” the homeowner told the Star. That Friday night at the police division, the homeowner was told by police that “maybe some wires were crossed” and that is why it appeared a 911 call had been made.''
He lies !
A friend of mine who knows them both very well has told that they are close friends
I didn’t say she didn’t have a will. I said her and/Barry’s discussions with DH about updating wills/estate planning/gifts may be subject to privilege.
Well I have to disagree.
