Kamaleddine v. Fancamp Exploration Ltd.
Fouad Kamaleddine
Law Firm / Organization
Lecker & Associates
Lawyer(s)

Matthew A. Fisher

FFK Consulting Services Inc.
Law Firm / Organization
Lecker & Associates
Lawyer(s)

Matthew A. Fisher

Fancamp Exploration Ltd.
Law Firm / Organization
Adair Goldblatt Bieber LLP
The Magpie Mines Inc.
Law Firm / Organization
Not Specified

Background:

  • Kamaleddine provided R&D consulting services to Fancamp.
  • Fancamp terminated the agreement on November 21, 2018.
  • Plaintiffs sued on April 16, 2019, claiming liquidated damages and unpaid invoices.
  • Defendants filed a joint statement of defence on June 21, 2019.
  • The case was set for trial on May 12, 2025, after being scheduled on April 2, 2024.

Motion to Amend Defence:

  • Fancamp sought leave to amend its defence, clarifying its interests separate from Magpie and adding new defences, including:
    • Certain payments required prior board approval.
    • Some invoices were unenforceable due to incorrect payee.
    • The liquidated damages clause was an unenforceable penalty.
    • A new claim of unconscionability alleging Kamaleddine took advantage of his position as a director.

Decision:

  • Motion granted except for the unconscionability claim in paragraph 39, which introduced new factual allegations too close to trial, causing non-compensable prejudice.
  • Court allowed limited new discovery but upheld trial schedule.

Costs:

  • No costs awarded due to Fancamp’s inordinate delay and only “passable” justification for the late amendment.
Superior Court of Justice - Ontario
CV-19-617605
Civil litigation
Plaintiff