During the recent court hearing of Keeley Lake Lodge held on April 28, 2023, a portion of the discussion focused on the Demand Loan Agreement (DLA) and Share Option Agreement (SOA) signed between Richard Lunemann and Timothy Cimmer. James Kirby, a former partner at MLT Aikins LLP and a highly respected lawyer, recommended and presented the DLA and SOA to Mr. Cimmer to secure the share transaction between the two parties. These documents would protect both parties and ensure that they were both in agreement with the terms of the transaction. In an email dated August 9, 2016, Mr. Kirby acknowledged receipt of the signed transfer of share documents from Mr. Lunemann. Mr. Kirby stated “I also acknowledge receipt of the signed Transfer of shares dated August 7, 2016, for which I also thank you.” The email was sent as a confirmation that Mr. Kirby had received the signed transfer of shares, showing that the transfer had been successfully completed.
It is noteworthy that The Hon. Mr. Justice N. Bardai, who is associated with the Keeley Lake Lodge case, was also a partner at MLT Aikins LLP until being appointed in 2020. Interestingly, The Hon. Mr. Justice N. Bardai and James Kirby were former partners at the same firm, which may have led to shared experiences, knowledge, and connections between them. With all due respect to The Hon. Mr. Justice N. Bardai, Mr. Kirby acknowledged the transfer of shares from Mr. Lunemann to his client at the time Mr. Cimmer. It is important to note that James Kirby is recognized as a highly reputable lawyer in Saskatchewan law. I expect that The Hon. Mr. Justice N. Bardai will recognize the legitimacy of the share transfer, considering Mr. Kirby’s professional reputation.
