CANADA Canada - Barry, 75, & Honey Sherman, 70, found dead, Toronto, 15 Dec 2017 #16

Discussion in 'Cold Cases' started by dotr, Dec 15, 2017.

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  1. dotr

    dotr Well-Known Member

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    It would not be surprising if recording devices were already planted in/around/near the Sherman home prior to the murders.
    Wondering if the prospective buyer happens to be one of the people in a foreign country with whom LE has been trying to communicate?
    imo, speculation.
    PressReader.com - Your favorite newspapers and magazines.
    '' A realtor who works for the Shermans, Elise Stern, pops by to show the house, but the prospective buyer cannot be present and so Stern uses FaceTime to tour the home.''
     


  2. Lexiintoronto

    Lexiintoronto Well-Known Member

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    They had homicide immediately involved, according to Det. Sgt. Gomes and a forensic pathologist was at the scene prior to the bodies being removed, so I believe they would have preserved all evidence carefully.
    Just my view and wishful thinking.
     
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  3. nuff

    nuff Well-Known Member

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    The realtor could more easily have been using her phone, not an installed device.
     
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  4. Bobbi Pearl

    Bobbi Pearl Well-Known Member

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    Me too Idlager! Curious, can any web sleuths in the luxury real estate business share if out-of-town/area / remote viewings were the norm (before COVID)? To my knowledge, the type of buyer for a multi-million dollar home send an agent or trusted person who knows what they are looking for.

    This tad of info has always nagged the brain cells. At a minimum, the real estate agent had to share the contact details with whom they set up that viewing with TPS. I always wondered if the IP address was from Japan. Then again I assume that if the out-of-town viewer was involved in the murders then they already attempted to hide where they were communicating from.

    A question still running around my head is if this "nonverbal and nonfacial to the local agent viewing" actually had a live conversation going on at the other end and it was a detailed room-by-room preview of the layout of the home, the planning of the murders.

    I hope the realtor on this end of that remote viewing can remember the questions asked and what was of specific interest - the indoor pool perhaps?

    Bobbi Pearl
     
  5. dotr

    dotr Well-Known Member

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  6. nuff

    nuff Well-Known Member

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  7. Rush4087

    Rush4087 Well-Known Member

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    Dotr thanks for the link to the article re: JS non-alibi

    Between his clumsy attempt to show the Bitcoin forearm photo (and the one taken the next morning) which prove nothing - and now this opera thing (which one could easily leave), and by his own admission his alibi “is not air tight”.

    And of course, you still have the possibility of a hired hit man paid in Bitcoin, while JS is at the opera.. Brilliant.

    JS didn’t have the nerve anyway IMO. He wouldn’t even agree to have a lunch with his father unless AP was allowed to come along. JS was (and still is) so far over his head in the world of business it boggles the mind. (just my opinion)
     
  8. ldlager

    ldlager Well-Known Member

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  9. Lexiintoronto

    Lexiintoronto Well-Known Member

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    (2nd ETA I’m thankful dotr finds these articles). I was able to access it. It has nothing to do with an opera, ‘opera’ is an app you can install to access it (I personally wouldn’t.)

    Ok Magazine is just copying, IMO, one of Kevin Donovan’s stories.

    Here’s an excerpt (all typos are their own. Where you see ‘ &quot’ that is a formatting problem, it should be a “” ) :

    Where Was Barry Sherman's Son On The Night Of His Billionaire Parents' Unsolved Murders?
    WENDY HERMANSON
    Source: Faecbook; MEGA
    Jonathon Sherman, the 37-year-old son of late billionaires Barry and Honey Sherman, has spoken out following reports of an alleged request for him to repay his dad tens of millions of dollars just weeks before his parents were found dead in their Toronto home.

    In a lengthy new interview, Jonathon revealed that he has evidence that he was elsewhere the night of December 13, which is allegedly when his parents were slain sometime between a police estimate of 9 p.m. to midnight.

    He shared a photo he had taken of his hand on his phone that night, which was dated and had a timestamp of 7:17 p.m. The report noted that the location of his home was also visible in the photo.

    As for why he'd taken that photo, Jonathon said he needed a “seed code” for his cryptocurrency account (accounts like Bitcoin utilize such methods as backup in case a user's system becomes corrupted). He confirmed that the hand in the photo was his own, and that he has a second photo on his phone taken the next morning at 8:30 a.m., with the location at his home.

    Regardless of the solidity of this "proof" (Jonathon admitted himself it's not airtight), he maintained he didn't have anything do with the killings and that he thinks the actual people who were behind the deaths “hired someone else” to carry them out.

    In police search warrant documents, a detective stated that Jonathon maintained in an interview shortly following his parents' deaths that there were people who had a grudge against them, plus a “reason to hurt them.”

    There are apparently actual names given, but they are currently blacked out by a judge’s order. Jonathon admitted he has shared his thoughts on his suspicions to detectives.

    The Toronto Star, who conducted the interview, went into details of Jonathon's business relationship with his billionaire father, attempting to make sense of the multimillion-dollar loan and what part, if any, it played in the overall mysterious circumstances surrounding the murders.

    Jonathon maintained that his dad's request to pay back the money was not considered a "threat" and that questioning it now is making "a lot more" of what it really was at the time. He noted that his father was in a difficult financial situation at the time and that “I’m not going to kill my dad because he needs $50 million alleged requestfor him to repay his dad tens of millions of dollars just weeks before his parents were found dead in their Toronto home.

    In a lengthy new interview, Jonathon revealed that he has evidence that he was elsewhere the night of December 13, which is allegedly when his parents were slain sometime between a police estimate of 9 p.m. to midnight.

    He shared a photo he had taken of his hand on his phone that night, which was dated and had a timestamp of 7:17 p.m. The report noted that the location of his home was also visible in the photo.

    As for why he'd taken that photo, Jonathon said he needed a “seed code” for his cryptocurrency account (accounts like Bitcoin utilize such methods as backup in case a user's system becomes corrupted). He confirmed that the hand in the photo was his own, and that he has a second photo on his phone taken the next morning at 8:30 a.m., with the location at his home.

    Regardless of the solidity of this "proof" (Jonathon admitted himself it's not airtight), he maintained he didn't have anything do with the killings and that he thinks the actual people who were behind the deaths “hired someone else” to carry them out.

    In police search warrant documents, a detective stated that Jonathon maintained in an interview shortly following his parents' deaths that there were people who had a grudge against them, plus a “reason to hurt them.”

    There are apparently actual names given, but they are currently blacked out by a judge’s order. Jonathon admitted he has shared his thoughts on his suspicions to detectives.

    The Toronto Star, who conducted the interview, went into details of Jonathon's business relationship with his billionaire father, attempting to make sense of the multimillion-dollar loan and what part, if any, it played in the overall mysterious circumstancessurrounding the murders.

    Jonathon maintained that his dad's request to pay back the money was not considered a "threat" and that questioning it now is making "a lot more" of what it really was at the time. He noted that his father was in a difficult financial situation at the time and that “I’m not going to kill my dad because he needs $50 million to get through a crisis.””
    Where Was Barry Sherman's Son On The Night Of His Billionaire Parents' Unsolved Murders? - Opera News

    ETA: I’m a Star subscriber, but with apologies to them, as it’s an older story I’m going to post a non-paywall link to KD’s original article so that you can see ‘Okay’ mazine’s article just copies it: Outline - Read & annotate without distractions
     
    Last edited: Jun 10, 2021
  10. dotr

    dotr Well-Known Member

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    Thanks for the post, sorry the article was not as dramatic as i had hoped, lol!

    ETA, Found this though..
    Judgment to be Rendered in Appeal - SCC Cases
    ''June 7, 2021
    For immediate release
    OTTAWA
    – The Supreme Court of Canada announced today that judgment in the following appeal will be delivered at 9:45 a.m. EDT on Friday, June 11, 2021. This list is subject to change.
    Estate of Bernard Sherman and the Trustees of the Estate, et al. v. Kevin Donovan, et al. (Ont.) (38695)''
    ''(Sealing order)
    Judgments and orders - Interlocutory orders - Stay - Privacy - Appellants seeking to have court files pertaining to the administration of the estates of the deceased sealed - Is the sealing order necessary to protect against a serious risk to the important issues engaged in this case, namely the privacy and physical safety of the Affected Individuals? - Is the constitutionally protected right to privacy an important interest recognized at the first stage of the Sierra Club test? - Is there a serious risk to the privacy of the Affected Individuals? - Is physical safety an important interest recognized at the first stage of the Sierra Club test? - Did the Court of Appeal err in concluding that there was insufficient evidence of a serious risk to the physical safety of the Affected Individuals? - Is a sealing order necessary because reasonably alternative measures will not prevent the serious risks to privacy and physical safety? - Do the salutary effects of the sealing order outweigh the deleterious effects, in the context of this non-litigious probate matter?

    On December 15, 2017, Mr. Barry Sherman and Mrs. Honey Sherman were found murdered in their Toronto home. Their celebrity, wealth and the circumstances of their deaths generated intense publicity. The identity of the murderer or murderers remains unknown. Applications for the issuance of a Certificate of Appointment of Estate Trustee were made to the court. The appellants sought an oral hearing in order to request an order sealing the court file before filing their application. A Protective Order was issued and the estate files were retained in the judge’s Chambers pending further order. In July 2018, Mr. Donovan, a reporter with the Toronto Star, sought access to both estate files. He was advised that by judge’s order, the files were not available to be viewed. In response, Mr. Donovan and the Toronto Star brought two applications seeking a variation or termination of the Protective Order and the full unsealing of the court files.''

    Test for Limiting Public Access to Estate Files – Supreme Advocacy
    ''On Friday, June 11, 2021, the Supreme Court of Canada is releasing its decision in Estate of Bernard Sherman and the Trustees of the Estate, et al. v. Kevin Donovan, et al. At issue is the test for limiting public access to court records.''
     
    Last edited: Jun 10, 2021
  11. Lexiintoronto

    Lexiintoronto Well-Known Member

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    WOW!!!!
     
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  12. ldlager

    ldlager Well-Known Member

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    Thank you Lexi!
     
  13. ldlager

    ldlager Well-Known Member

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    As I interpret the headline/summary in the SCC website, the Toronto Star et al has prevailed. The Appeal has been dismissed
     
    Last edited: Jun 11, 2021
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  14. nuff

    nuff Well-Known Member

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    Wonder how long it will take for KD to produce his next article?
     
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  15. deugirtni

    deugirtni Well-Known Member

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    Held: The appeal should be dismissed.

    The estate trustees have failed to establish a serious risk to an important public interest under the test for discretionary limits on court openness. As such, the sealing orders should not have been issued. Open courts can be a source of inconvenience and embarrassment, but this discomfort is not, as a general matter, enough to overturn the strong presumption of openness. That said, personal information disseminated in open court can be more than a source of discomfort and may result in an affront to a person’s dignity. Insofar as privacy serves to protect individuals from this affront, it is an important public interest and a court can make an exception to the open court principle if it is at serious risk. In this case, the risks to privacy and physical safety cannot be said to be sufficiently serious.
    ....
    In the present case, the risk to the important public interest in privacy, defined in reference to dignity, is not serious. The information contained in the probate files does not reveal anything particularly private or highly sensitive. It has not been shown that it would strike at the biographical core of the affected individuals in a way that would undermine their control over the expression of their identities. Furthermore, the record does not show a serious risk of physical harm. The estate trustees asked the application judge to infer not only the fact that harm would befall the affected individuals, but also that a person or persons exist who wish to harm them. To infer all this on the basis of the deaths and the association of the affected individuals with the deceased is not a reasonable inference but is speculation.

    Even if the estate trustees had succeeded in showing a serious risk to privacy, a publication ban — less constraining on openness than the sealing orders — would have likely been sufficient as a reasonable alternative to prevent this risk. As a final barrier, the estate trustees would have had to show that the benefits of any order necessary to protect from a serious risk to the important public interest outweighed the harmful effects of the order.
    ....
    VI. Conclusion


    [107] The conclusion that the Trustees have failed to establish a serious risk to an important public interest ends the analysis. In such circumstances, the Trustees are not entitled to any discretionary order limiting the open court principle, including the sealing orders they initially obtained. The Court of Appeal rightly concluded that there was no basis for asking for redactions because the Trustees had failed at this stage of the test for discretionary limits on court openness. This is dispositive of the appeal. The decision to set aside the sealing orders rendered by the application judge should be affirmed. Given that I propose to dismiss the appeal on the existing record, I would dismiss the Toronto Star’s motion for new evidence as being moot.


    [108] For the foregoing reasons, I would dismiss the appeal. The Toronto Star requests no costs given the important public issues in dispute. As such, there will be no order as to costs.



    Appeal dismissed.


    Sherman Estate v. Donovan - SCC Cases
     
  16. dotr

    dotr Well-Known Member

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    https://www.cbc.ca/news/canada/toronto/supreme-court-sherman-estate-ruling-1.6062041
    rbbm.
    ''The Supreme Court of Canada has ruled that a trove of files related to murder victims Barry and Honey Sherman be unsealed and opened to public access.

    The unanimous decision found that trustees of the wealthy Toronto couple's estate failed to establish a serious risk to their safety and privacy, and that public interest and the principle of open court proceedings require unlocking the files.''


    ''That decision has now been set aside, affirming an Appeal Court ruling that lifted the sealing order and marking a win for Toronto Star reporter Kevin Donovan, an appellant who applied to have the files opened up and wrote extensively about the sensational case over the past three and a half years.''

    Top court orders files tied to Sherman murder case to be unsealed
    "In a unanimous decision handed down Friday, the court ruled that the media may access files pertaining to who would inherit the couple’s money and assets.''

    Top court orders files tied to Sherman estate unsealed, citing public interest
    rbbm.
    ''In the ruling handed down Friday, the Supreme Court said that privacy concerns can justify a sealing order on an estate only if the dignity of the individual in question is at risk. The court found the information contained in the documents did not meet that threshold and that lawyers for the estate failed to prove that the safety of those associated with the documents would be at risk if they were unsealed.

    It also found that there is a “strong presumption that the public can attend hearings and that court files can be consulted and reported upon by the free press.”
    ''INVESTIGATION CONTINUES
    Toronto police have said that they continue to investigate the murders.
    In November, police confirmed that there was a person of interest in the case who had been identified but not arrested.''
     
    Last edited: Jun 11, 2021
  17. Milhano

    Milhano "Unus pro omnibus, omnes pro uno" - A. Dumas

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    I would like to see which relatives were active in trying to keep the will out of the public's eye and if possible why, since the Canadian Supreme Court deemed making the will public would pose no danger to anyone mentioned in the will.
     
  18. Bobbi Pearl

    Bobbi Pearl Well-Known Member

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  19. Bobbi Pearl

    Bobbi Pearl Well-Known Member

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    I assume JS, since he had his sisters removed.

    maybe this is all part of LE timing, maybe they need some of this info stoked by sites like this?
     
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  20. dotr

    dotr Well-Known Member

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    June 11 2021

    ''Kevin Donovan reacts to Supreme Court ruling on files tied to Sherman murder case''
     
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