When Barry and Honey Sherman bought their North York property in 1985, they planned to spend $2.3 million to build their dream home.
But they noticed problems with the home within months of moving in, in 1991, with Barry describing it as “a disaster.”
After litigation against the house’s designers and builders, they wound up recouping $2 million of the contracted amount to construct the home, according to a 2006 judgment.
The civil litigation that involved both the Shermans, who were found dead in the house on Friday, was one of many Barry was embroiled in, and offers a rare glimpse into the couple’s private life.
They went on to sue at least five of the people and companies involved in the home’s design and construction, including Jack Winston Designs, Thomas Marzotto Architects and Ewing Construction.
All but two settled.
The remaining two defendants, 21 Degrees Heating and Air Conditioning and Walter Kenyon of Walter Kenyon Designs, had designed the home’s heating and air conditioning system.
The Shermans sued 21 Degrees and Kenyon for negligence related to the design of the HVAC system, and 21 Degrees for breach of contract.
According to the judgment, “Mr. Sherman testified that there were so many things done wrong with respect to the construction of the house that it was a disaster.”
Sherman, the founder of generic drug giant Apotex, was one of the richest men in the country, with an estimated net worth of $4.6 billion. He built Apotex from a two-employee company in Toronto into a global pharmaceutical organization that employs more than 11,000 people around the world.
Court records show Barry’s company Apotex was involved in about 150 civil cases in the Superior Court of Justice.
When Apotex announced the launch of Apo-Rosuvastatin, a generic version of Crestor produced by AstraZeneca, in 2012, they estimated their generic version of the drug could save the Canadian healthcare system up to $3.4 billion.
“We are pleased that our efforts in litigation have delivered yet another blockbuster to the Canadian generic market,” Apotex CEO Jack Kay said in a statement.
“Apotex continues to lead the way in launching generic products sooner, enabling more affordable healthcare for Canadians.”
The house near Bayview Ave. and Highway 401 was listed for sale this month at $6.9 million.
The 12,000 square foot house is an “architectural modern masterpiece of poured concrete and steel construction,” according to an online real esate listing. The home has indoor and outdoor pools and hot tubs, a tennis court and underground parking for six cars with a heated ramp. The five-plus-one bedroom, nine-bath home is two storeys and features hardwood floors and a balcony.
The lower floor is anchored by a massive garage, bordered by the indoor pool, a sauna, and changing room. Neighbouring rooms include a sitting room, recreation room and hobby room, and a nanny’s room with an en suite kitchen and bathroom.
A deck and porch jet off the main floor, and the kitchen is surrounded by a family room, breakfast area and dining room.
The expansive main floor and second floor are illuminated by a skylight in the centre of the home. The upstairs master en suite includes two dressing rooms on the way to the bath, and off the master bedroom is a gym or sitting area featuring a spiral staircase and skylight.
Marco Drudi, of Drudi Alexiou Kuchar LLP, represented 21 Degrees in the civil suit.
“Barry and Honey Sherman sued my clients, as well as many, many others and from my recollection, they settled with many of the defendants,” Drudi told the Star on Monday.
In their statement of claim, the Shermans asked for $500,000 in undefined damages for breach of contract or negligence from 21 Degrees and Kenyon. By the end of the trial, they sought nearly $34,000 in special damages and general damages of an unspecified amount.
21 Degrees launched a cross-claim against Kenyon and Jack Winston Designs.
In 2006, the judge presiding over the case found that 21 Degrees breached their contract and that both 21 Degrees and Kenyon were negligent.
But because the Shermans failed to prove they suffered any damages, the judge awarded them no damages and dismissed the case.
Two years later, an appeal to the Divisional Court was quashed.
Jack Fitch of Hughes Amys LLP, counsel for the appellants in the appeal, said in an email that he had no comment concerning the case, “or the tragic recent events involving the principals involved.”