In a statement of claim, they said the executors of their father’s will were promised that the Winter children would have the right to work for the company once they reached 21 and buy five per cent of the issued shares.
They alleged that the purchase of Apotex was made possible from the proceeds of the sale of Empire, yet Mr Sherman “made no provision for (them) to work at Apotex and become shareholders”. This breached his fiduciary duty to them, the Winters claimed.
But the legal challenge, running for many years and becoming increasingly acrimonious, has not been successful so far.
The original suit was dismissed in 2015 but reinstated a year later.
A judge ruled in favour of Mr Sherman this September but the cousins planned to appeal.
Kerry Winter told the Toronto Star earlier this year: “I don’t know if it’s so much about getting five, 10 or ‘X’ amount of millions.
“To me this is about, and I know it sounds a cliché, it’s really about making Barry Sherman accountable.”
