The proprietary issues were paramount as they should have been. One must protect intellectual property from theft, no matter what. You cannot trust that a police officer or two will 'do the right thing' nor anyone outside of the company. Fiduciary duty first in these cases as Tighthead points out.
Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #14
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The proprietary issues were paramount as they should have been. One must protect intellectual property from theft, no matter what. You cannot trust that a police officer or two will 'do the right thing' nor anyone outside of the company. Fiduciary duty first in these cases as Tighthead points out.
MistyWaters
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Sept 30 2020
Cops did not access Apotex founder Barry Sherman’s office until four weeks after the murders of Sherman and his wife Honey
By Kevin Donovan
''Toronto Police were not allowed to access murder victim Barry Sherman’s office at Apotex headquarters until a month after the generic drug titan and his wife were killed, a Star investigation reveals.
That means homicide detectives and forensic officers were in the dark regarding the billionaire’s computer and paper files, the contents of his desk drawers or anything else in his office at 150 Signet Drive during this time.''
Report: Police couldn't access Barry Sherman's office until four weeks after his death
Sept 30 2020
rbbm.
''December will mark three years since Barry and Honey Sherman were found strangled to death in their North York mansion.
There have been no arrests.
But a new report from the Toronto Star details a legal fight between investigators and Barry Sherman's drug company.
It reportedly took police four weeks to get access to Sherman's office at Apotex but a police spokesperson tells the Star they do not believe the delay compromised the investigation.
During the delay police would not have had access to Sherman's files, his computer or his desk drawers.
Sherman's last known email came from his office on December 13, 2017 just after 8 p.m. He would have been dead in his home by midnight.
The Star reports a judge issued a production order for Apotex on January 15th.''
What’s most interesting to me about this latest KD news report is he writes TPS wasn’t allowed by the Courts to access Barry’s office seeking whatever was specified in the production order request “until a month” after the murders. What were they seeking, we don’t know but suicide isn’t proven in office files or correspondence however it can certainly lead to murder suspects if Barry had received death or blackmail threats.
Yet back in March, 2018 another of KDs news reports suggested TPS considered HS to be the only murder victim because “for almost a full month” the search or production orders were all in her name only. Many here will recall this article was supposed proof TPS had only investigated a M/S until Greenspan’s team somehow strong armed them into changing their decision to double homicide only days before the Jan 26, 2018 PC.
In the world of sensationalistic media headlines, what a difference a day or two can make!
Sherman investigation initially focused only on Barry’s wife Honey as a murder victim
“The Toronto police were investigating the murder of just Honey Sherman — not Barry and Honey — for almost a full month after the couple’s strangled bodies were found in their home, search warrant documents reveal.”
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Sorry, I dont recall. Not sure it was ever in the media who the board members were at the time of the murders.
It would be interesting to know though.
I would assume that most of the voting shares of Apotex were in Barry’s second/non-probatable will, which would ha be a different executor than the four who have been named. At the time that TPS was denied access, that executor was likely the person who could control board appointments.
Well, what we do know is that BS controlled the purse strings. That indicates to me, at least, that HS was not on the board at Apotex.
I mean having a drawer full of bills is one thing but it seems she didnt have access to even basic bank accounts.
Dont get the impression that he trusted many people, esp. those closest to him.
Just my pov.
I mean having a drawer full of bills is one thing but it seems she didnt have access to even basic bank accounts.
Dont get the impression that he trusted many people, esp. those closest to him.
Just my pov.
What if one or more of the people in charge of Apotex after Barrys death were involved in the murders, and knew that certain info in Barrys office and computer could potentially cause LE to consider them a suspect?
Two. Barrys son, and son in law. Almost immediately after the murders.
I understand from someone close to the company that No other family members were directors before the murders (other than Barry)
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Thinking about it, Barry likely tried to maintain as much control as possible. I’m not sure if he could be the sole director or not.
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MistyWaters
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The only point to KDs long-after-the-fact report that I can see is -
1. It’s proof TPS wasn’t sitting back for six weeks, convinced a m/s had occurred because proof of that certainly wouldn’t be found in Barry’s office at Apotex.
2. If the killer wasn’t aware TPS searched Barry’s office for some sort of potentially incriminating material, they are now. TPS appears to be satisfied with the outcome.
1. It’s proof TPS wasn’t sitting back for six weeks, convinced a m/s had occurred because proof of that certainly wouldn’t be found in Barry’s office at Apotex.
2. If the killer wasn’t aware TPS searched Barry’s office for some sort of potentially incriminating material, they are now. TPS appears to be satisfied with the outcome.
MistyWaters
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As reported, JK was Vice Chairman of the Board at the time of the murders. Following that, JK also filled the capacity of CEO, according to Bloomberg and at that time then lists JK as the sole Board member. Barry was Chairman of the Board prior to his death.
Apotex Inc - Company Profile and News
“.....JK, who is now the company’s Vice Chairman”
Apotex: succession plan for founder Barry Sherman was in place 5 years ago
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"sole fiduciary duty is to the company"
"one must protect intellectual property from theft, no matter what"
When I see comments like this posted, I wonder what has happened to ethical and moral duties.
This seems to be a societal problem, where money and property become the only determinent of correct action.
I believe, and history had proven, Apotex was at far greater risk of losing IP, through internal sources than external. Let's face it, a lot of money and effort will be spent using 'legality' to avoid responsibility for a horrible crime.
If there was a conscious effort to foil the TPS from having access to Barry's and Apotex files, that was inappropriate to say the least from a justice point of view.
Jack Kay was a senior officer, who was later fired by Jonathon Sherman. I wonder what Jack Kay's position was on giving access to the TPS? The answer to that question could be revealing.
"one must protect intellectual property from theft, no matter what"
When I see comments like this posted, I wonder what has happened to ethical and moral duties.
This seems to be a societal problem, where money and property become the only determinent of correct action.
I believe, and history had proven, Apotex was at far greater risk of losing IP, through internal sources than external. Let's face it, a lot of money and effort will be spent using 'legality' to avoid responsibility for a horrible crime.
If there was a conscious effort to foil the TPS from having access to Barry's and Apotex files, that was inappropriate to say the least from a justice point of view.
Jack Kay was a senior officer, who was later fired by Jonathon Sherman. I wonder what Jack Kay's position was on giving access to the TPS? The answer to that question could be revealing.
MistyWaters
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Police simply cannot pilfer through a company office without legal authorization. Approval of Search Warrants and/or Production Orders are always signed off by a Judge. TPS is protected because whatever they seek to obtain is lawfully collected and Apotex is protected from lawsuits pertaining to nondisclosure agreements etc.
In that same news report I didn’t get the sense TPS believed they were wrongfully denied access at all. It’s a routine matter, search warrants, production orders, Judges signing off which occurs in every investigation. It’s standard procedure.
You want people to have ethics and you want them to disregard fiduciary duties. A fiduciary obligation is an ethical obligation.
The police should have anticipated a warrant would be required. It’s not like it was a difficult or onerous hurdle.
Cops did not access Apotex founder Barry Sherman’s office until four weeks after the murders of Sherman and his wife Honey
''Police spokesperson Gray said despite the delay in getting access to Sherman’s office, the force does not believe it compromised the investigation. “There is no evidence to suggest these records weren’t adequately secured before we received judicial authorization for access,” she said.''
''The Supreme Court of Canada will hear the estates case (the Ontario Court of Appeal ruled the estates file public but the Sherman family is appealing) on Oct. 6, and the Ontario Court of Justice will likely hear the search warrant case in late October or early November. (A justice has sealed more than 600 pages of warrant information and the Star is asking for it to be made public.)''
''Neither police nor Apotex will reveal anything about any discussions held over access issues to Sherman’s office, including who at Apotex instructed the lawyers in this matter. With Barry Sherman dead, control of the company was in the hands of the four Sherman children (son Jonathon and daughters Alexandra, Lauren and Kaelen) who were represented by the trustees of Sherman’s estate (son Jonathon, son-in-law Brad Krawczyk, family holding company executive Alex Glasenberg, and Sherman’s long-time friend and Apotex second-in-command Jack Kay). Jonathon Sherman and another company official walked Kay out the door of his Apotex office on the anniversary of his friend Barry’s murder and was not invited to any of the estate trustee meetings.''
''Police spokesperson Gray said despite the delay in getting access to Sherman’s office, the force does not believe it compromised the investigation. “There is no evidence to suggest these records weren’t adequately secured before we received judicial authorization for access,” she said.''
''The Supreme Court of Canada will hear the estates case (the Ontario Court of Appeal ruled the estates file public but the Sherman family is appealing) on Oct. 6, and the Ontario Court of Justice will likely hear the search warrant case in late October or early November. (A justice has sealed more than 600 pages of warrant information and the Star is asking for it to be made public.)''
''Neither police nor Apotex will reveal anything about any discussions held over access issues to Sherman’s office, including who at Apotex instructed the lawyers in this matter. With Barry Sherman dead, control of the company was in the hands of the four Sherman children (son Jonathon and daughters Alexandra, Lauren and Kaelen) who were represented by the trustees of Sherman’s estate (son Jonathon, son-in-law Brad Krawczyk, family holding company executive Alex Glasenberg, and Sherman’s long-time friend and Apotex second-in-command Jack Kay). Jonathon Sherman and another company official walked Kay out the door of his Apotex office on the anniversary of his friend Barry’s murder and was not invited to any of the estate trustee meetings.''
MistyWaters
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I don’t know, sometimes it seems as if KD has this case spinning, frozen in time. Is he really attempting to get access to search warrant material through the Court of a Justice after he’s already been denied three times?
The following is from a news report from one year ago -
Oct 16, 2019
“The Toronto Star is in court this week attempting to get access to more than 600 pages of search warrant material that lay out the progress to date of the Shermans murder probe. Called an "information to obtain," these pages to date have led to 38 separate search warrant or production orders....
....Pringle, the justice who has authorized all the warrants, has three times before denied the Star's request, although during the court process some information has been released. Most notably, it was revealed in April through cross examination of Yim by a Star reporter that the police have a "theory" of the case and an "idea of what happened.".....”
Barry and Honey Sherman murder probe receives 'significant contribution' from Toronto Police intelligence squad, court records reveal
I believe that Jack Kay would ask TPS for a warrant. That would be his duty, first and foremost.
Why couldn’t evidence of a m/s be found in Barrys office or in his computer? Threatening or angry emails to Honey could be located on his computer. Correspondence regarding financial instructions in the even of his death could have been sent or prepared. Or internet searches on how to stage a m/s could be on his work computer. These are some of the things I can think of, I’m sure there are more.
As an experienced investigative journalist, KD is trying to obtain information on the case. That’s his job, and he is good at it. As for the warrant material, Justice Pringle has refused three times, but that doesn’t mean he is actually correct in law, or correct or even justified in doing so. JMO
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