Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #12

Discussion in 'Crimes in the News' started by dotr, Dec 15, 2017.

  1. dotr

    dotr Well-Known Member

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  2. Tighthead

    Tighthead Well-Known Member

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    Maybe I am confused but the first sentence of the second paragraph seems wrong.

    The Court of Appeal order was stayed. The general expectation is that the matter will not be heard by the SCC.

    Edit: SCC docket

    Supreme Court of Canada - SCC Case Information - Docket - 38695

    Weird that Donovan is representing himself.
     
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  3. deugirtni

    deugirtni Well-Known Member

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    In the link provided above.... the first post:

    It’s all sourced information in the Star, not tested in court, so we don’t know.

    They had joint holdings, but we know at least the new home was in Honey’s name only.

    My point was if this was staged to look like a m/s I would think the ‘murderers’ estate might be open to claims from the victim’s loved ones. Eg: Mary.

    Not qualified to argue with you, stepping off here... : )

    Lexiintoronto, Jun 25, 2019 Report
    #1141 Like

    This sparked a thought.. The family has vehemently been opposed to police intimating this crime was a M/S. If one of a married couple murders their other half, then that precludes the killer from receiving the Willed proceeds of the victim's estate.

    Some have pondered the possibilities of who the murder(s) could be, with some suggesting it could not have been people included in the Will, since why would those beneficiaries be opposed to police making a M/S determination.

    I wonder if the estate has been frozen until the resolution of this double homicide has been solved, since.. what IF... ??
     
    Last edited: Oct 21, 2019
  4. Tighthead

    Tighthead Well-Known Member

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    Who would "freeze" the estate?
     
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  5. deugirtni

    deugirtni Well-Known Member

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    RSBM

    I don't think it is weird that BD is representing himself. It was probably super costly for his employer to hire lawyers to deal with it, and I believe it had already been appealed, and they'd lost. Meanwhile, BD has been heavily invested in following this case, has attended each court hearing, and probably knows what is needed and expected.. since as an individual, he is allowed to represent himself, it makes perfect sense to me. ie he couldn't have represented 'The Star', since he is not a lawyer, but doing it in his own name, he was able to do this.
     
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  6. Tighthead

    Tighthead Well-Known Member

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    Considering it is a potential precedent that inhibits a free press I would expect to see some actual legal representation.

    Perhaps if leave is granted, which is unlikley imo, he will obtain representation or their will be intervenor applications.
     
  7. deugirtni

    deugirtni Well-Known Member

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    The same people who would have frozen Wayne Millard's estate, once his son was charged with his murder. When someone dies, it is not uncommon for their finances to be frozen, so that nobody can get to them. Whatever was left, if anything by the time DM was charged, would have been frozen.. because in Canada, I believe it is not allowed that someone can benefit from someone's death, if they willingly caused the death. (ie The 'Slayer's Rule': Slayer rule - Wikipedia)
     
  8. deugirtni

    deugirtni Well-Known Member

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    I think The Star was paying for legal representation at first.. but anyone who has seen the cost of lawyers in civil matters, I'm sure can appreciate the unbelievable cost involved.. I'm not sure at which point BD took over without The Star, but I'm thinking The Star likely spent a huge amount already, and probably felt they would get nowhere. Media seems to not be faring too well financially these days, considering all the closures and layoffs and charging for online stories, etc., so I'm thinking they were only willing and able to go so far with it. jmo.
     
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  9. JDG

    JDG Websleuther

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    Well, you know what they say?? If you represent yourself, you have a fool for a lawyer!

    With media being so 'open' to lawsuits, I'm sure they still have lawyers on retainers.
     
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  10. Tighthead

    Tighthead Well-Known Member

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    Definitely they do for libel issues.

    I think the saying is client and it only applies to lawyers...
     
  11. WINDSOR

    WINDSOR Well-Known Member

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    Unless Honey did not read newspapers and magazines, she had to have some idea how wealthy they were. She had to be aware that they were one of the richest couples in Canada. When you are giving multiple millions to charity, it is not possible that you are not financially aware.
     
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  12. casesensitive

    casesensitive Well-Known Member

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    One would think that the original will would be kept at the attorney's office that helped prepare the will. My lawyer has the original of my will. But on reflection, I have been the trustee for three people (family members) and they all kept their original wills in safe keeping at home. As a future trustee, I also had a copy of their will and was told where to find the original.

    I can no longer access the article(s) that I think named JS and Jack Kay as trustees for Barry's will. If anyone could confirm this, it would interesting to say the least.
     
  13. casesensitive

    casesensitive Well-Known Member

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    That goes without saying Windsor. Honey was always concerned about the effect of their wealth on their children, and said so over a decade ago. She and BS tried to instill a value system for their children to follow. She was fully aware of their wealth.
     
  14. Tighthead

    Tighthead Well-Known Member

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    As I said above, people in like the Shermans would tend to keep it with a lawyer. That is the smartest with multiple trustees.

    I think there were originally 4 in this case but Kay is no longer active.
     
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  15. dotr

    dotr Well-Known Member

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    Cannot recall if the trustees were named or not, but whoever they are, they really do not want to be publicly named, imo.
    Dec 13 2018 rbbm.
    Judge seals estate files of murder victims Barry and Honey Sherman to protect heirs

    "The estate files dealing with the distribution of assets after death, one for Barry Sherman, listed under his formal name, Bernard, and one for his wife Honey Sherman, showing she is also known as Anna Debora, are filed in Ontario court but access to the contents are blocked from public view.

    The files were created in June after lawyers representing the trustees of the estate sought an oral hearing before a judge rather than simply filing material over the counter at a courthouse, as is usually the case.

    Dunphy was the judge hearing their petition and he then hand-wrote a short judicial “protective order” sealing the material on June 26, saying the files involve “confidential material of potential relevance to the police investigation.”

    He then went on vacation."
    "The next month, the estate files were requested for viewing by the Toronto Star and were told they were not available by judge’s order. The news organization then applied in court for the files to be unsealed.

    In its response to the Star’s application, lawyers for the trustees of the Sherman estate argued maintaining a sealing order was important.

    “It is necessary to maintain the requested materials as confidential in order to prevent a serious risk to an important interest, namely the personal safety, security and well-being of the estate trustees and the beneficiaries,” lawyers argued on behalf of the Sherman estate.

    The risk, they wrote, includes “violence and kidnapping” as well as for the “emotional well-being of the Sherman family.”
     
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  16. nuff

    nuff Well-Known Member

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    No legal requirement of course, but we really don't know what the dynamics of their relationship were. Was HS in the habit of acting without his approval in a matter of this magnitude, and did she have independent access to funds (to pay for legal help) without his oversight?
     
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  17. ldlager

    ldlager Well-Known Member

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    Trustees- Glasenberg, Jonathan, j Kay, barrys son in law.
    Don’t know who the executer(s) of the estate are, if different
     
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  18. Satchie

    Satchie Well-Known Member

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    I think their major asset was the business. IMO BS would draw his wealth out of the profits, as he needed it, along with funds for the foundation that funded charities (which was probably managed to reduce taxes.)

    I think it unlikely he, at some point, withdrew a few hundred milions from the business and put it to just sit in a bank account for his potential future use, nor would he be all that likely to invest in something other his own company.

    My question is, would he have made a will leaving the business to Honey? I'm not sure that he would.
     
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  19. ldlager

    ldlager Well-Known Member

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    I still maintain, based on what we know, that the children (directly or indirectly] stood to benefit the most financially from the deaths of both Hs and bs.
     
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  20. casesensitive

    casesensitive Well-Known Member

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    Thanks Idlager. Trustees and executors are the same thing.
     

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