Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #9

[flute4peace]

Sorry, I don't know how to do a 'poll', or if it's even possible to do a poll within a thread.. but anyway.. I wanted to ask a question to the participants of this thread:

Just say that you had knowledge of something in this particular case.. knowledge from being told something/things by a good friend of yours.. the good friend has at least some culpability, or maybe a lot of culpability.. then a reward of TEN million dollars gets offered.. would you spill the beans with what you knew, even though it may incriminate your friend? Yes or No?

It wouldn’t take money to get me to tell the truth to LE.

 

[casesensitive]

MistyWaters, re your post #672, I happened across an article that makes it clear (unlike the poorly written one by CBC News) that KW surrendered property to pay off the $8 million back in 2007.

Your post: (snipped) "Regardless, it appears the $8 million obligation by Kerry Winter was held in limbo up until the time the cousins $1 billion dollar lawsuit was dismissed, shortly before the double murder of the Shermans."

CBC News:
As part of the court's decision, Winter not only lost his claim on his cousin's fortune, but he was also ordered to pay Sherman back $8 million. Just a week before the Shermans were found dead, a court ordered Winter and his siblings to pay Sherman $300,000 in legal costs.“
Barry Sherman's cousin fails lie detector test over allegation of plot to kill Honey Sherman | CBC News

Toronto Life:
In August 2007, the court heard the suit against Kerry. His lawyer, Malcolm Kronby, argued that Sherman was acting vindictively. The judge still ruled in Sherman’s favour and Kerry had to surrender two business properties, a cottage and his home on Bellwoods Avenue. Kerry agreed to stay on as a tenant, paying $2,500 a month. Even this sum could be hard to come by. His construction company was shrinking while he continued to obsess over justice and riches.

How Barry Sherman built his multibillion-dollar fortune

 

[MistyWaters]

MistyWaters, re your post #672, I happened across an article that makes it clear (unlike the poorly written one by CBC News) that KW surrendered property to pay off the $8 million back in 2007.

Your post: (snipped) "Regardless, it appears the $8 million obligation by Kerry Winter was held in limbo up until the time the cousins $1 billion dollar lawsuit was dismissed, shortly before the double murder of the Shermans."

CBC News:
As part of the court's decision, Winter not only lost his claim on his cousin's fortune, but he was also ordered to pay Sherman back $8 million. Just a week before the Shermans were found dead, a court ordered Winter and his siblings to pay Sherman $300,000 in legal costs.“
Barry Sherman's cousin fails lie detector test over allegation of plot to kill Honey Sherman | CBC News

Toronto Life:
In August 2007, the court heard the suit against Kerry. His lawyer, Malcolm Kronby, argued that Sherman was acting vindictively. The judge still ruled in Sherman’s favour and Kerry had to surrender two business properties, a cottage and his home on Bellwoods Avenue. Kerry agreed to stay on as a tenant, paying $2,500 a month. Even this sum could be hard to come by. His construction company was shrinking while he continued to obsess over justice and riches.

How Barry Sherman built his multibillion-dollar fortune

Perhaps the property sales paid down a portion of the debt but it seems it did not repay it off in full. Because this Maclean’s article, interview with KW, dated Feb 8, 2018, mentions more than $6 million is still owed. It appears the lawsuit is now indeed “said and done” as there’s been no mention of the Supreme Court after the appeal was lost and a Litigation Guardian was appointed to represent KW.

However it does elude that the ongoing legal battle did stall the collection of KWs debt.

Barry Sherman's legal battle with his cousins goes on weeks after his murder - Macleans.ca
Assumptions aside, Winter insists he wasn’t angry at all when he read the Dec. 6 costs order because he and his brothers had already launched an appeal of the lawsuit’s dismissal—and plan to take the case all the way to the Supreme Court, if necessary. He also points out that because of all those promissory notes Sherman made him sign, he already owes his cousin more than $6 million. In other words, what’s another $300,000? “I know we don’t pay anything until it’s all said and done,” he says.

 

[MistyWaters]

In the above Maclean’s article, perhaps another “embellishment”? (“he and his brothers”) because it was reported elsewhere that JB had no interest in becoming involved with the appeal. That leaves only one brother, TB.

Sadly, long tenured lawsuits often fracture family relationships amongst the original parties who collectively sue. I’d guess it would’ve been perceived by the siblings/SIL that JB was utterly disloyal to orphans plight when he decided to drop out of their legal battle.

 

[JDG]

I don't believe TB is involved in the law suits at any time. He opted to go his own way and is a successful chef IIRC.

 

[MistyWaters]

I don't believe TB is involved in the law suits in any manner. He opted to go his own way and is a successful chef IIRC.

I do recall it mentioned somewhere TB didn’t accept any money from “Bank Sherman”.

I’d be interested in hearing the “other side” of the story, how it came to be KW got indebted to Barry to the tune of several million. One of the reasons I’m curious is KWs acknowledgement of involvement with a criminal element in the ‘90s, allegedly the reason Barry asked him for assistance in “whacking his wife”. Drugs, cocaine, hits, gangs? That’s a very difficult lifestyle to just walk away alive from. His brother Dana didn’t.

 

[LadyL]

Sorry, I don't know how to do a 'poll', or if it's even possible to do a poll within a thread.. but anyway.. I wanted to ask a question to the participants of this thread:

Just say that you had knowledge of something in this particular case.. knowledge from being told something/things by a good friend of yours.. the good friend has at least some culpability, or maybe a lot of culpability.. then a reward of TEN million dollars gets offered.. would you spill the beans with what you knew, even though it may incriminate your friend? Yes or No?

it wouldn't take a reward for me to 'spill the beans'

 

[MistyWaters]

Would you turn yourself in for the reward?

Interesting question to contemplate.

Would I? First I’d have to imagine committing a murder such as that, a gigantic leap in the game of pretend, but if so.....

$10 million would certainly compensate a spouse and/or children while I spent 50 years in jail (I think this case would go for 2 x 25 years). But to be capable of that sort of gruesome targeted double murder, I can’t imagine caring much about the comforts of a spouse and/or children while I wasted my own life in jail. So no, that wouldn’t do it.

On the other hand, if I thought I might be successful in winning a NCR (not criminally responsible) defence for whatever reason, a couple years spent in a mental institution then soon comes privileges, passes and eventual freedom and at the end of that stint would come financial comfort, I might at least be tempted...(aside from the resemblance to collection of “blood money” but maybe I’d feel I deserved it?)

 

[WINDSOR]

Sorry, I don't know how to do a 'poll', or if it's even possible to do a poll within a thread.. but anyway.. I wanted to ask a question to the participants of this thread:

Just say that you had knowledge of something in this particular case.. knowledge from being told something/things by a good friend of yours.. the good friend has at least some culpability, or maybe a lot of culpability.. then a reward of TEN million dollars gets offered.. would you spill the beans with what you knew, even though it may incriminate your friend? Yes or No?

If somebody with whom I have a personal or friend relationship with, is involved in a criminal activity, I believe I would tell them to stop, and that they should seek legal counsel if there is a police investigation of the crime with the goal of turning themselves in. At least I hope I would have the courage to do that.

 

[Lexiintoronto]

I don't believe TB is involved in the law suits at any time. He opted to go his own way and is a successful chef IIRC.

I think he is named in the lawsuits- it confused me in the beginning because he’s referred to as Paul or Tim depending on the article. (He’s Paul T. Barkin, I believe.)

CanLII - 2018 ONCA 703 (CanLII)

 

[MistyWaters]

I think he is named in the lawsuits- it confused me in the beginning because he’s referred to as Paul or Tim depending on the article. (He’s Paul T. Barkin, I believe.)

CanLII - 2018 ONCA 703 (CanLII)

I think you’re right. Media reports of documents filed prior to appeal being heard also mention the three, to include Paul (Tim).

“According to a document Teplitsky has filed with court, he has received “conflicting instructions” from Paul and Julia on one hand, and Kerry on the other.

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. Teplitsky wants to be removed as Kerry’s lawyer, the documents state.”
Barry Sherman’s cousin to undergo ‘disability’ assessment as billion-dollar appeal continues | The Star

 

[kiwi50]

We seem to have gone around in circles for nearly a year, Im revisiting the Jeremy DeSai angle.
I feel it must have been something huge he was sacked for, to do it at a time when the company needed some stability.
Was Barry Sherman happy with his performance still?
Does anyone know if he has a job now?
Wish we had a current or ex Apotex employee posting here.

 

[ldlager]

We seem to have gone around in circles for nearly a year, Im revisiting the Jeremy DeSai angle.
I feel it must have been something huge he was sacked for, to do it at a time when the company needed some stability.
Was Barry Sherman happy with his performance still?
Does anyone know if he has a job now?
Wish we had a current or ex Apotex employee posting here.

I have some knowledge of that individual and that situation. I agree the timing of the “resignation” was strange, in view of the fact that the founder has just been killed and Mr. Desai was the CEO. But he “resigned” after the death of Barry, and it is my understanding that he had the support of Barry while Barry was still alive. As I posted at the time, IMO Jack Kay had enough of Mr. Desai’s actions vis a vis the legal action involving Mr. Desai’s purported girlfriend and Teva. In addition, I understand that there were other actions and behaviours that Mr. Desai exhibited that also called his judgement into question with Mr. Kay, and other senior management personnel at Apotex.
I have silently wondered about Mr. Desai, and I am confident that he has been questioned by LE. All MOO

 

[Lexiintoronto]

I have some knowledge of that individual and that situation. I agree the timing of the termination was strange, in view of the fact that the founder has just been killed and Mr. Desai was the CEO. But he was terminated after the death of Barry, and it is my understanding that he had the support of Barry while Barry was still alive. As I posted at the time, IMO Jack Kay had enough of Mr. Desai’s actions vis a vis the legal action involving Mr. Desai’s purported girlfriend and Teva. In addition, I understand that there were other actions and behaviours that Mr. Desai exhibited that also called his judgement into question with Mr. Kay, and other senior management personnel at Apotex.
I have silently wondered about Mr. Desai, and I am confident that he has been questioned by LE. All MOO

That’s interesting. Out of everyone, JD seemed to be on the brink of losing everything when the Shermans were killed.

Speculation: Hasn’t JS stepped in at Apotex, with a no-nonsense approach?

I like him. He’s only the second person I’ve ever heard use the f-word eloquently during a eulogy.

ETA: you mentioned that Jack Kay may have been behind JD leaving Apotex. Who had the power to oust JD at that time. With B & H Sherman deceased, who owned the company?

 

[ldlager]

That’s interesting. Out of everyone, JD seemed to be on the brink of losing everything when the Shermans were killed.

Speculation: Hasn’t JS stepped in at Apotex, with a no-nonsense approach?

I like him. He’s only the second person I’ve ever heard use the f-word eloquently during a eulogy.

ETA: you mentioned that Jack Kay may have been behind JD leaving Apotex. Who had the power to oust JD at that time. With B & H Sherman deceased, who owned the company?

I believe at the time JD left, the management board had not yet been formally formed. But I would expect mr Kay would have consulted with Sherman family members and advisors. However, it was reported that mr desai in fact resigned, so it may be that he left of his own volition. I am unconvinced of that .imo

 

[Lexiintoronto]

I believe at the time JD left, the management board had not yet been formally formed. But I would expect mr Kay would have consulted with Sherman family members and advisors. However, it was reported that mr desai in fact resigned, so it may be that he left of his own volition. I am unconvinced of that .imo

I was wondering about the line of succession when I was reading Canlii. The Star filed a motion to have access to the Sherman estate documents, but the judge ordered them sealed for two years.

As of the present time, little more is known. The motive behind the murders remains a mystery. The identity of the murderer or murderers remains unknown. In the absence of more information about motive and the identity of the murderer(s) the risk to the survivors cannot accurately be estimated. While the risk cannot accurately be estimated, I have little difficulty in concluding that – at this preliminary stage at least – the degree of mystery that persists regarding both the perpetrator and the motive raises a realistic prospect of continuing risk to those who may inherit possession or control of some or all of the assets of the victims.

CanLII - 2018 ONSC 4706 (CanLII)

 

[dotr]

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals Trade Secret Dispute - Lexology
April 18 2018 rbbm
"A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA). In Teva Pharmaceutical USA, Inc. v. Sandhu, et al., 2018 WL 617991 (Jan. 30, 2018), Judge Savage found that a defendant former executive could not be liable under the CFAA for conduct that occurred while she had authorized access to computers from which she misappropriated trade secrets. Id. at *1. However, the court also found that CFAA claims could be brought against the recipients of those trade secrets under an “indirect access” theory, and that DTSA claims could be brought on the basis of activity that began before the enactment of the DTSA but continued to occur after its passage.

Teva Pharmaceuticals, the largest generic drug manufacturer in the world, employed Barinder Sandhu as its Senior Director of Regulatory Affairs from 2012 to 2016. Id. In that role, Sandhu was responsible for overseeing Teva’s post-approval regulatory affairs for its generic products in the United States. As part of her employment, Sandhu entered into a confidentiality agreement and was allegedly given extensive access to Teva’s trade secrets, including confidential information about products still in development and correspondence from the Food & Drug Administration detailing how Teva might obtain approval for other products in development. Id.

Teva alleges that during her employment, Sandhu was romantically involved with Jeremy Desai, the CEO of Apotex, a competing manufacturer of generic pharmaceuticals. According to Teva, it received a tip from a former Apotex employee that Sandhu had shared information about Teva products in development with Desai."

 

[Lexiintoronto]

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals Trade Secret Dispute - Lexology
April 18 2018 rbbm
"A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA). In Teva Pharmaceutical USA, Inc. v. Sandhu, et al., 2018 WL 617991 (Jan. 30, 2018), Judge Savage found that a defendant former executive could not be liable under the CFAA for conduct that occurred while she had authorized access to computers from which she misappropriated trade secrets. Id. at *1. However, the court also found that CFAA claims could be brought against the recipients of those trade secrets under an “indirect access” theory, and that DTSA claims could be brought on the basis of activity that began before the enactment of the DTSA but continued to occur after its passage.

Teva Pharmaceuticals, the largest generic drug manufacturer in the world, employed Barinder Sandhu as its Senior Director of Regulatory Affairs from 2012 to 2016. Id. In that role, Sandhu was responsible for overseeing Teva’s post-approval regulatory affairs for its generic products in the United States. As part of her employment, Sandhu entered into a confidentiality agreement and was allegedly given extensive access to Teva’s trade secrets, including confidential information about products still in development and correspondence from the Food & Drug Administration detailing how Teva might obtain approval for other products in development. Id.

Teva alleges that during her employment, Sandhu was romantically involved with Jeremy Desai, the CEO of Apotex, a competing manufacturer of generic pharmaceuticals. According to Teva, it received a tip from a former Apotex employee that Sandhu had shared information about Teva products in development with Desai."

Does anyone have an idea why Teva would drop Sandhu from the lawsuit? They said they didn’t settle with her.

ETA: I’m sorry for mentioning the bereaved previously - it’s too late for me to edit the posts.

 

[kiwi50]

I have some knowledge of that individual and that situation. I agree the timing of the “resignation” was strange, in view of the fact that the founder has just been killed and Mr. Desai was the CEO. But he “resigned” after the death of Barry, and it is my understanding that he had the support of Barry while Barry was still alive. As I posted at the time, IMO Jack Kay had enough of Mr. Desai’s actions vis a vis the legal action involving Mr. Desai’s purported girlfriend and Teva. In addition, I understand that there were other actions and behaviours that Mr. Desai exhibited that also called his judgement into question with Mr. Kay, and other senior management personnel at Apotex.
I have silently wondered about Mr. Desai, and I am confident that he has been questioned by LE. All MOO

Thankyou, very interesting, I dont believe for a second he “resigned”
Must have been something very big or huge dissatisfaction with him for Apotex to want him gone immediately despite the turmoil the company was in.
Was his job only safe as long as Barry Sherman was alive? He obviously condoned his antics.
I imagine the best revenge for Teva or even his mistresses family would be to have De Sai lose his job, but I concede it sould have been easier to just kill De Sai.

 

[MistyWaters]

Does anyone have an idea why Teva would drop Sandhu from the lawsuit? They said they didn’t settle with her.

ETA: I’m sorry for mentioning the bereaved previously - it’s too late for me to edit the posts.

According to this report, the lawsuit between Apotex and Teva was settled last April.

Teva and Apotex settle lawsuit over couple’s ‘information-sharing’