SCOC RULES SHERMAN ESTATE FILES CAN BE UNSEALED

Jun 11, 2021

By Bob Komsic

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The Supreme Court of Canada has unanimously ruled files related to murder victims Barry and Honey Sherman be unsealed and opened to public access.
The justices of the high court found that trustees of the wealthy Toronto couple’s estate did not establish there was a major risk to their safety and privacy, and that public interest and the principle of open court requires unlocking the files.
”The sealing orders should not have been issued,” Justice Nicholas Kasirer wrote.
”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.”
In June 2018, a lower court judge issued an order protecting the files, that concern the appointment of trustees and would ordinarily be available to the public.
The order stemmed from the notion those named as beneficiaries or trustees would be at risk of harm because Barry Sherman, founder of pharmaceutical company Apotex, and his wife Honey, were found murdered in their home in December 2017. 
In its decision, the Supreme Court wrote ”there is no dispute that the feared physical harm is grave,” but felt the probability of an harm happening was ”speculative.”
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