Canada: Sherman family to ask Supreme Court to seal files detailing slain billionaires’ estate - PressFrom - Canada

CanadaSherman family to ask Supreme Court to seal files detailing slain billionaires’ estate

09:25  16 may  2019
09:25  16 may  2019 Source:

Barry and Honey Sherman’s neighbours cite mysterious 911 call, visitor on day before billionaires found dead

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TORONTO — The estate files dealing with the inheritance of Barry and Honey Sherman , the billionaire couple murdered in their Toronto home a year ago, are sealed by a rare court order to preserve the “privacy and dignity” of the victims and to protect the heirs from possible violence from

When the family of Barry and Honey Sherman decided to conduct their own investigation into the couple’s “The same with (the Sherman ) family ,” she said. “For a family to deal with a loss and also with the The private investigator hired by MacIsaac went over every detail of the shooting — all the

Sherman family to ask Supreme Court to seal files detailing slain billionaires’ estate © Provided by Toronto Star Newspapers Limited Family of Barry and Honey Sherman are seeking a hearing from the Supreme Court of Canada to keep details of the slain billionaires’ estate secret.

Days before details of the estate of murdered billionaires Barry and Honey Sherman were to be made public, lawyers for the Sherman family say they will ask the Supreme Court of Canada to seal the files once again.

Last week, in an action brought by the Star and one of its reporters, the Ontario Court of Appeal affirmed the open court principle and ruled that the files should be made public. The files would have been public next Tuesday.

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All state courts operate under the administrative direction of the Supreme Court . In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts – the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workers’

Cousin Of Slain Billionaire Couple Says He Didn’t Kill Them – But He Could Have! In an interview to be broadcast Friday on Canadian TV show The Fifth Estate , Kerry Winter, who lost a decade-long and costly lawsuit seeking a piece of Sherman ’s medical fortune, discusses the reason for his animosity

Now that the Sherman family is seeking a hearing from Canada’s highest court, there will be at least a temporary seal on files that appear to contain at least one will, details on how much money and property is at stake, and who the beneficiaries are. Apotex founder Barry Sherman’s wealth has been estimated at $4.7 billion.

In documents filed in court Wednesday, the Sherman family said all information related to the estate must be kept secret to “avoid irreparable harm to the Estate Trustees and the beneficiaries of the estates of Bernard and Honey Sherman, and in order to prevent a serious miscarriage of justice.”

Barry and Honey Sherman, well known philanthropists, were found dead in their home on Friday, Dec. 15, 2017. Police said recently they have a “theory” of the case and an “idea of what happened,” but refuse to say if they have a suspect or suspects, and are still investigating.

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The Supreme Court will probably decide in the next three months whether to take up the case. Chances are slim: Of the thousands of appeals filed each year, only about 100 are granted review. But with conservative interpretations of property rights gaining prominence and President Trump’s recent

While Supreme Courts can decide cases suing for an unlimited amount of money. For help learning which court to start your case go to The Right Court for Your Problem. A defendant asks the court to dismiss the case when he or she thinks there is a reason for the court to end the case right away.

Also watch: House belonging to Barry and Honey Sherman being torn down (CityNews)

The court battle to learn details of the Sherman estate started in June 2018 when a Star reporter asked a clerk at a Toronto courthouse to see the Sherman estate filings. It was a routine request for what are normally public documents. As an example, just a few weeks before, the Star obtained the estate file on the late mayor Rob Ford.

The Star asked for the Sherman files to see if a large bequest was heading to a charity and how widely the holdings of the Apotex founder were to be distributed.

A clerk told the Star the Sherman files were sealed with a “protective order” by Superior Court Justice Sean Dunphy, and the protective order was also sealed. The Star then argued in court to have the entire file unsealed. Dunphy upheld his own ruling on the grounds that releasing information would further upset the Sherman family and might put them in danger.

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Murdered billionaire Barry Sherman ’s outspoken cousin will be assessed to determine if he has a The Sherman family and friends have said Winter’s claims about Barry asking Kerry to kill Honey are Teplitsky said the Law Society of Upper Canada suggested he bring a motion before court to

Barry and Honey Sherman were beloved philanthropists. But he lived amid feuding family members Now the disgraced broker, recently extradited to the United States to face another slew of fraud That long-ago tale, excavated from thousands of pages of court documents, corporate records and charity

The Star and its reporter appealed that ruling and last week the Ontario Court of Appeal dismissed the Sherman family concerns and ordered the entire file be made public, subject to an appeal.

In a decision by justices David Doherty, Paul Rouleau and C. William Hourigan, the Court of Appeal found that while “the Shermans want to keep family and estate-related matters private” and “they want to grieve in private,” that is not sufficient to seal what is normally a public file.

The court of appeal also took issue with Dunphy’s contention that because the Sherman couple were murdered, the trustees of the estate or the family members of the estate would be in danger if any information was revealed. The Sherman family had provided court with an affidavit that the Court of Appeal noted was not based on any information provided by police investigating the crime and so was “speculation,” not grounded in evidence as the law requires. The affidavit and the identity of its author are sealed. The affidavit warns of “kidnapping and violence” should any information be released.

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The Supreme Court Law Library provides legal reference and information services to the Hawai`i State Judiciary, the legal community and the general public. For access to civil case information filed in the Circuit and Family Courts and certain civil cases of the District Courts (small and regular claims).

The Supreme Court and the county courts heard many of the same types of cases. Legal documents are filed with the docket clerk. The clerk also serves as state court administrator. In most cases, after a trial court or an agency makes a final decision, you can ask the Supreme Court to

In one exchange during the court of appeal hearing, Sherman lawyer Timothy Youdan told the panel of three justices that the files should be sealed because the case was not solved and because of the nature of the crime (the Shermans were strangled and their bodies staged beside their pool). One of the justices said that the Sherman lawyer’s problem was that “we see a lot of murders in this court.” The Star further argued that if the Sherman files were sealed it would mean that courts would have to seal all estate files related to unsolved murders, something that would be unworkable.

The Star and its reporter also argued it was generally known the Shermans were wealthy, and it was also generally known who the family members are, since they have appeared at public events, including the memorial service for the Shermans in front of 7,000 people.

The Court of Appeal agreed. “The suggestion that the beneficiaries and trustees are somehow at risk because the Shermans were murdered is not an inference, but is speculation. It provides no basis for a sealing order.”

Now, the Sherman estate trustees have asked their lawyers to seek permission (leave) to appeal to the Supreme Court of Canada. Appearances at the Supreme Court are not easy to get. Of 600 requests for leave to appeal to Canada’s highest court, only about 80 are granted.

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The Supreme Court of Pennsylvania is the highest court in the Commonwealth and the oldest appellate court in the nation. For detailed instructions on how to submit a filing and what to include, review the Rules of Appellate Procedure (Title 210).

The Sherman Antitrust Act was the first measure enacted by the U.S. Congress to prohibit trusts (or monopolies of any type). The Sherman Antitrust Act (the full text of which can be found here) authorized the Federal Government to dissolve the trusts.

First, the Sherman family will need to have a “stay” ordered by the Ontario Court of Appeal, pending news from the Supreme Court of Canada on whether they are allowed to fight the case there. Whether a stay will be granted will be decided in the next two weeks. The entire process will likely take up to six months.

The crux of the case the Sherman lawyers hope to argue at the Supreme Court is this: They say the court of appeal erred by focusing too much on the speculative nature of the affidavit filed to obtain the original sealing order, and did not focus enough on using “reason and logic” to determine if there was physical danger to Sherman trustees and beneficiaries.

Lawyers Youdan and Chantelle Cseh of the Davies firm are representing the trustees (formerly called executors) of the Sherman estate. The trustees on file at the time of the murders included Sherman son Jonathon Sherman; financial adviser Alex Glasenberg; Sherman’s second-in command at Apotex Jack Kay; and Brad Krawczyk, married to one of the Sherman daughters. With the firing of Kay last December by Jonathon Sherman, there appear only to be three trustees remaining.

Sources close to the family say the estate is split evenly between the four children, based on Barry Sherman’s will. Honey Sherman either did not have a will or one was never found. The Sherman holdings are tied up in Apotex and also numerous business and real estate holdings.

Kevin Donovan is the Star’s chief investigative reporter based in Toronto. He can be reached at 416-312-3503 or via email: [email protected]

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