Chambers Ranks Foreman Amongst Canada's Leading Lawyers

Chambers and Partners have announced its 2021 Canadian lawyer rankings, singling out Jonathan Foreman as one of Canada’s top lawyers in the practice of Class Action Litigation for the fifth year in a row. Chambers identifies the best lawyers and law firms globally, whether they are multi-national or boutique in their scale.

“Chambers is one of the premiere rankings guides in the legal industry, and we are truly honoured to be recognized among Canada’s most respected class actions law groups in Canada.”

— Jonathan Foreman - Founder and Partner

The Foreman & Company class action team advises on litigation involving consumer protection, price-fixing, competition act violations, financial services and securities law and product liability issues.  The firm has established a reputation as a leading class action group in Canada acting on a wide range of challenging and often high profile cases.

This year marks the 31st anniversary of Chambers and Partners and this is the sixth year that the guide has been published in Canada.

About Chambers and Partners

Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers. Often referred to as 'the gold-standard', Chambers delivers insight and analysis on the global legal profession that is unrivalled in its reach and depth. Chambers conducts tens of thousands of interviews a year with in-house counsel and third-party experts, such as barristers and accountants, delivering detailed insight into providers of legal services.

About Foreman & Company

Foreman & Company is a boutique plaintiff-side class actions law firm representing individuals and businesses who have suffered loss or injury due to misconduct on a widespread scale. Our award-winning team of litigators has been recognized by Lexpert, Chambers Global and Best Lawyers for their expertise and calibre of knowledge in class actions.

Google Faces Class Action in Canada Alleging it Turns Canadians' Electronics into Tracking Devices Without Their Consent

VANCOUVER, BC, Sept. 3, 2020 /CNW/ - A proposed class action lawsuit has been filed in the Supreme Court of British Columbia against Google on behalf of the millions of Canadians whose personal information the global internet giant collects and profits from, allegedly without Canadians' consent. The action is part of a coordinated national effort, with additional filings in Toronto and Montreal.

“Internet-based companies doing business in Canada have to follow Canadian privacy, competition and consumer protection laws. This case aims to rein in what we say is rampant collection of personal information and to make sure Canadians’ privacy rights are protected.”

— Jonathan Foreman - Founder & Company

The action involves data collected by Google's own services and through Google Ads and Google Analytics, which are installed on more than half of global websites. Google trespasses on users' devices by sending code to their computers, tablets, or smartphones when they visit any of these thousands of sites or services, the claim alleges. That code allegedly forces users' computers or smartphones to secretly send users' personal information to Google, including details such as their name, gender, and location, the terms they've typed into Google, their IP address, the device they're using, and the site they're visiting. This allegedly reveals sensitive personal details, such as marital and parental status, income bracket, and sexual orientation.

Google uses this personal information to generate profiles of almost all internet users. It uses some of this information to target advertising, the claim alleges, without the users' knowledge or consent, in violation of Canadian laws that protect privacy and personal interests.

The proposed class is represented by a team of law firms across Canada: Branch MacMaster LLP, Camp Fiorante Matthews Mogerman LLP, Arvay Finlay LLP in British Columbia, Foreman & Company in Ontario, and Belleau Lapointe in Quebec. The team also includes David Loukidelis QC Law Corporation and Greg McMullen Law.

Luciana P. Brasil, partner at Branch MacMaster LLP said, "The claim alleges that Google turns Canadians' electronics into tracking devices, which it uses to build profiles on almost every Internet user in Canada; even people Google has no relationship with, all without their consent. There is no reason Canadians should tolerate what we say is extensive surveillance of their daily online activities, especially because Canada has laws specifically intended to protect them from such actions."

The claim also alleges that Google violates consumer protection and competition laws by misrepresenting its privacy and data practices.

"Google tells its users that they have a choice about how Google uses their information, but we don't believe that users have a choice about whether or not Google collects their information in the first place," said Reidar Mogerman QC, partner at Camp Fiorante Matthews Mogerman LLP. "The claim alleges this is misleading advertising and is a direct violation of consumer protection law."

The claim is seeking compensation for invasion of privacy, trespass, and consumer protection violations, and other causes of action. It also seeks an order preventing Google from continuing these practices.

Jonathan Foreman, partner at Foreman & Company said, "Internet-based companies doing business in Canada have to follow Canadian privacy, competition and consumer protection laws. This case aims to rein in what we say is rampant collection of personal information and to make sure Canadians' privacy rights are protected."

The claim is brought on behalf of residents of Canada who used Google services or visited websites containing Google Ads or Google Analytics. Although there is no action required at this time from proposed class members, anyone seeking to receive direct updates or any court-approved notices can request to be added to a list of potential claimants by emailing Conall Kelly by email.

To see a small sample of the information Google allegedly compiles into user profiles, visit the Google Ad Personalization page.

The following provincial cases are associated with the proposed class action: 
BC: Sibble v Google LLC et al, Vancouver Registry No. VLC-S-S-208705
ON: Provost v Google LLC et al, Toronto File No. CV-20-00645911-00CP
QC: Leclaire v Google LLC, Montreal District No. 500-06-001079-207

For further information:

Luciana Brasil
Branch MacMaster LLP
604-654-2960
email

Jonathan Foreman
Foreman & Company
519- 914-1175
email

Reidar Mogerman
Camp Fiorante Matthews Mogerman LLP
604-331-9530
email

Maxime Nasr
Belleau Lapointe s.e.n.c.r.l.
514-987-6700
email

London Class Action Litigator On Best Lawyers List

Foreman & Company is pleased to announce that our Founder and Partner, Jonathan Foreman, has once again been chosen for inclusion in the 15th edition of The Best Lawyers in Canada. Through their peer review process, Best Lawyers recognizes lawyers worldwide for their professional excellence and consistent top rating from clients and peers.

“We are incredibly grateful to receive this honour in 2020 - the year we founded Foreman & Company, our boutique plaintiff-side class action firm. This recognition leaves us energized to continue our work fighting on behalf of our clients across Canada.”

— Jonathan Foreman - Founder and Partner

Out of thousands of lawyers considered for selection and an extensive evaluation process, we are delighted that Jon has been recognized for his experience and expertise in Class Action Litigation. Jon has been recognized by his peers for inclusion for the sixth year in a row.

"Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide," says Best Lawyers CEO Phillip Greer.

About Best Lawyers

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries.

About Foreman & Company

Foreman & Company is a boutique class actions law firm representing individuals and businesses who have suffered loss or injury due to misconduct on a widespread scale. Our award-winning team of litigators has been recognized by Lexpert, Chambers Global and Best Lawyers for their expertise and calibre of knowledge in class actions. 

Settlement Funds to be Distributed in Lawnmowers Class Action

Foreman & Company is pleased to announce that payments to all approved upstream purchaser claimants in the Canadian Lawnmowers Class Action will begin on July 22nd, 2020.

The settlement recoveries in this case totaled a gross amount of $7,535,000, less Court-approved legal fees and disbursements. Approved claimants purchased lawnmower(s) between January 1, 1994 and December 31, 2012.

Pursuant to the Court-approved distribution protocol, the settlement funds were divided into two categories, end users (individuals or businesses who purchased lawnmowers for their own use) and upstream purchasers (retailers, wholesalers, etc. who purchased lawnmowers for resale). End users were allocated 80% of the total net settlement funds, and upstream purchasers were allocated 20%. For further details on the Court-approved distribution protocol or for other further information regarding the Canadian Lawnmowers Class Action, please visit the claims website.

Upstream Purchaser claimants can expect settlement payments by cheque through courier or registered mail.

End user payments were previously approved and disseminated on May 8th, 2020. Should you have any questions regarding your claim or the dissemination of settlement funds, please do not hesitate to contact us.

Keep out of the Mortgage Penalty Box

The economic stressors of the COVID-19 pandemic have led many Canadians to consider selling their homes and exiting their mortgages ahead of schedule. 

It is any homeowner’s right to sell their home at the time of their choosing; but exiting a mortgage early can come at a significant and unexpected cost due to something known as a “mortgage prepayment penalty”. Based on recent news reports, a “penalty” is an appropriate description. On June 1, 2020 CBC Go Public reported the circumstance faced by a real estate agent who is selling her home and facing a $30,000.00 prepayment penalty to exit her mortgage. The story also referenced the example of a family whose prepayment penalty climbed $4,000 over the course of just 2 months with decreasing interest rates.

The problem for borrowers in this situation is that properly calculating a mortgage prepayment penalty can be a complex and daunting financial exercise. Within that exercise, the lender will have far more expertise with the process than the borrower. Common problems can emerge where borrowers are overwhelmed by the complicated legal and financial language used  to properly calculate the prepayment penalty. 

In order to protect themselves, borrowers need to be vigilant. They must start by having a general awareness of the rules that apply. First, borrowers must appreciate that there should be an actual financial formula in their mortgage contract to calculate the required penalty. Second, there are also Provincial and Federal laws that apply to mortgages and loans (Trust and Loan Companies Act, RSC 1991, c 45, Mortgage Brokers Act, RSO 1990, c M-39, Cost of Borrowing (Trust and Loan Companies) Regulations, SOR/2001-104, Cost of Borrowing and Disclosure to Borrowers, O Reg 191/08). Those laws are crucial because they require the lender to make detailed disclosure to the borrower in advance showing the amounts that will be charged, including the calculation of prepayment penalties.

If the lender does not follow the applicable rules, either under the mortgage contract or as required by statute, the borrower may have the right to contest the penalty and even to seek recovery of any penalty that was paid based on an incorrect calculation. Further, if the lender fails to comply with these laws, some or all of the mortgage contract may be deemed invalid.

To that end, there are two recent class action cases winding their way through the courts in Ontario and in British Columbia ( Jordan v CIBC Mortgages Inc, 2019 ONSC 1178, Sherry v CIBC Mortgage Inc, 2020 BCCA 139) concerning claims by borrowers against a major Canadian bank. The actions allege that the Bank failed to comply with legal requirements in connection with prepayment penalties. Both cases were “certified” to proceed to trial as a class action. The British Columbia Court of Appeal summarized the issue of meeting both the contract and the legal requirements as follows:

“In my view, a discretionary prepayment clause in a mortgage contract may be sufficiently certain to be legally binding and a lender may be entitled by the terms of the contract to calculate the prepayment charge in a particular manner, but its disclosure regarding its calculation methodology may nonetheless fail to meet statutory requirements”.

Sherry v CIBC Mortgage Inc, 2020 BCCA 139

These cases provide an example of the power that can be exercised by vigilant borrowers. Together, they can collectively access the courts and reclaim the alleged overcharges for themselves and all other similarly situated borrowers. 

Borrowers facing an expensive mortgage prepayment penalty deserve clarity and confidence that they have not been overcharged. When in doubt, legal advice should be sought. 

Foreman & Company is a leading plaintiff side class actions firm based in London, Ontario. We have experience litigating class action cases on behalf of borrowers and investors involving a wide range of financial products and investments. We welcome inquiries from the public about lending and investing problems.

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This post is for informational purposes only and does not constitute legal advice.

Foreman & Company welcomes Tyler O’Henly

Foreman & Company is pleased to welcome Tyler O’Henly, Western Law class of 2021, to our distinguished legal team. Tyler will be joining us as a summer law student.

Tyler brings a wealth of collaborative experience to our boutique team environment. Prior to attending law school, Tyler was a Division-I athlete with the Buffalo Bulls Football program at the University of Buffalo. Tyler’s dedication to sport has continued as a student of Western Law, where he has managed the AthletesCAN Sport Solution Clinic as well as handled cases for their clients. In this role, Tyler has flexed his litigation muscles through mediation, negotiation, and communication between athletes and their organizations. His advocacy skills are also frequently tested against his peers in the Western Law community, where he has participated in multiple trial and appellate level advocacy competitions.

We are very excited to have him join our team. Welcome, Tyler!

Foreman Recognized by Lexpert Again in 2020

Foreman & Company is pleased to announce that Jon Foreman, the firm’s founder and partner has been selected for inclusion in the 2020 Canadian Legal Lexpert Directory as one of Canada’s leading practitioners in Class Action litigation. Jon has been recognized in the Canadian Legal Lexpert Directory every year since 2014.

Jon has also been featured in Lexpert’s special publication in the Globe and Mail’s Report on Business Special Editions each year from 2014 – 2019 and in Lexpert’s Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada each year from 2013-2018. Finally, in 2013, Jon was honoured as one of Canada’s best lawyers under 40 years of age in Lexpert’s national Rising Stars competition.

About Lexpert’s Annual Directory

Published annually since 1997, the Canadian Legal Lexpert Directory is the most comprehensive guide to legal talent in Canada. The Canadian Lexpert Directory profiles leading practitioners across Canada in over 60 practice areas and leading law firms in over 40 practice areas. To be included in the directory is a testament to the respect and reputation that lawyers have established amongst their peers, including competitors and opponents.

Settlement Funds to be Distributed in Lawnmowers Class Action

Foreman & Company is pleased to announce that payments to all approved end user claimants in the Canadian Lawnmowers Class Action will begin on May 8th, 2020.

The settlement recoveries in this case totaled a gross amount of $7,535,000, less Court-approved legal fees and disbursements. Approved claimants purchased lawnmower(s) between January 1, 1994 and December 31, 2012. The claims period is now closed. In order to be an approved claimant you must have submitted a claim on or before May 22, 2019.

Pursuant to the Court-approved distribution protocol, the settlement funds were divided into two categories, end users (individuals or businesses who purchased lawnmowers for their own use) and upstream purchasers (retailers, wholesalers, etc. who purchased lawnmowers for resale). End users were allocated 80% of the total net settlement funds, and upstream purchasers were allocated 20%. For further details on the Court-approved distribution protocol or for other further information regarding the Canadian Lawnmowers Class Action, please visit the settlement website.

Settlement payments to all approved end user claimants will be made either by e-transfer or cheque, depending on the method selected by the class member when their claim was filed.

If you are an upstream purchaser, please note that payments to approved claimants is anticipated to occur in July of 2020. Should you have any questions regarding your claim or the dissemination of settlement funds, please do not hesitate to contact us.

The Other PPE: Preventing Pandemic Exploitation

Just like we need to protect our essential workers, we need to protect our ability to buy essential goods, too.

“Price-gouging” has become a hot topic during the COVID-19 pandemic.  Media stories abound concerning outrageous pricing of protective masks, sanitizer products and yes, toilet paper, among other similar products.

In response, the Ontario Government enacted an Emergency Order entitled Prohibition On Charging Unconscionable Prices For Sales Of Necessary Goods (the “Order”). The Order, which came into force with retroactive effect on March 17, 2020, makes it an offence for a person to sell cleaning agents, hygiene products, toilet paper, gloves and personal protective equipment (PPE) (among other “necessary” goods) for an “unconscionable price”. The Order is designed to prevent sellers of those items from taking advantage of vulnerable consumers during the COVID-19 crisis to make a quick buck.

Consumers should note that the Province elected to use of the term “unconscionable” in the Order. That wording matches the existing language contained in the Ontario Consumer Protection Act. That act is a powerful and longstanding law that prohibits a wide range of underhanded selling behaviours in the marketplace. In the case of price-gouging, the Consumer Protection Act prevents any retailer at any time from engaging in selling tactics and conduct that qualify as “unfair practices” or “unconscionable practices” while selling any good or service to a consumer in Ontario.  In addition, the act allows consumers to claim damages and other civil remedies when sellers breach its requirements.  That means that price-gouging could also be the basis for a civil lawsuit on behalf of consumers to claim damages in an appropriate case.

As part of the enforcement of the Order, the government set up a price gouging reporting line to report retailers trying to make a profit off the crisis. According to a report in the Toronto Star, as of  April 14 almost 16,000 complaints have been received.

We look forward to the time when the dust has settled, we can get back outside, hug the ones we love and return to normal life without the need for Emergency Orders targeting price-gouging in the midst of a public health crisis. But until then, Ontario consumers seeking essential and necessary goods and services should take note of the legal protections that exist for their benefit.  If price-gouging happens on a wide scale, consumers may have options to seek justice, including by way of a class action in the appropriate circumstances.

Foreman & Company has a focus on consumer protection law, among other areas.  If you think you have been the victim of price-gouging, we would be happy to discuss the situation to see if our team is able to assist.

Claims Period Opens in Aspen Group Investor’s Class Action

Foreman & Company is pleased to announce that a securities class action regarding Aspen Group Resources' ("Aspen") take-over of Endeavour Resources Inc. ("Endeavour") has concluded with settlements totalling a gross amount of $3,285,000 and that the settlement recoveries, less Court-approved legal fees and disbursements, are now to be distributed to investors.

In this action, Foreman & Company acted for Endeavour investors who were alleged to have been harmed when they tendered shares pursuant to a misleading take-over bid circular from Aspen.

All former Endeavour security holders who tendered securities pursuant to Aspen's take-over bid dated November 23, 2001, can now make a claim for payment. Please visit www.aspenclassaction.ca to learn more and to make a claim for your share of the settlement amounts. Claims must be submitted by July 31st, 2020.

Foreman Speaks to American Bar Association on Price Fixing

Image credit: Tony Webster / CC BY-SA

On Wednesday April 1st, 2020, Jon Foreman joined a panel of presenters to the American Bar Association - Antitrust Section on the Supreme Court of Canada's recent decision in Godfrey v. Pioneer et. al (PDF summary).

Jon presented as part of a panel of US and Canadian antitrust lawyers to share an analysis of the Supreme Court of Canada's recent decision in Godfrey v. Pioneer et al. and its implications for North American price-fixing class actions.  Jon appeared as counsel to an intervenor on the Godfrey appeal on behalf of the Consumers' Council of Canada, a national consumer rights organization.

Participants in the panel were:

Moderator:

Chantelle Cseh; Davies Ward Phillips & Vineberg LLP, Toronto, Ontario

Speakers:

Steve Cherry; Wilmer Cutler Pickering Hale and Dorr LLP, Washington D.C.
Jonathan Foreman; Foreman & Company, London, Ontario
Katherine Kay; Stikeman Elliott LLP, Toronto, Ontario

The panel was conducted by teleconference and is available to members of the American Bar Association.

Foreman & Company to operate remotely to curb COVID-19 risk

Foreman & Company is committed to the safety of our community, colleagues, clients, and staff. As a part of our efforts to reduce the spread of the COVID-19 virus, effective immediately and until further notice, our office will be operating remotely. It is otherwise business as usual and we will continue to provide the public and class members with the high quality legal services they expect, while maintaining the practice of safe social distancing.

We will continue to provide updates about our physical space through our various online channels. If you have any questions, please reach out to us at info@foremancompany.com.

We wish everyone affected by this health crisis a speedy recovery.

Foreman & Company featured in London Inc.

Image Credit: London Inc. Magazine

“As strategies grow and change, the strategies of class actions and large law firms are not compatible. We lose opportunities because the firm might act for an entity, and we are sensitive to conflict risk.”

— Jonathan Foreman

Foreman and Company Launches

This week marks the founding of Foreman & Company, a law firm specializing exclusively in Class Action litigation. Housed in one of the downtown core’s restored buildings, in the former Huron and Erie Trust building on Covent Market Lane, Foreman & Company brings a unique and modern legal practice into a historic London space.  

Foreman & Company is helmed by Jon Foreman, a seasoned litigator consistently recognized as one of the leading lawyers in Canada in the class actions field by Lexpert, Chambers and Partners, and Best Lawyers. “The central goal of class actions is access to justice, justice that can often feel out of reach for clients such as small businesses or individuals and families,” Jon explains. “By their design, class actions allow claimants to access the legal system when economic and other barriers traditionally keep them from solving their genuine legal disputes.”

Alongside Jon, the team consists of dedicated lawyers and staff, all of whom also specialize in class action litigation. Foreman & Company carries on its boutique class actions practice previously located within a prominent London firm, where they appeared on several landmark cases, including acting as class counsel on two class action trials and appeals against major Canadian life insurers and as counsel to a National Consumer Rights Organization on a recent appeal before the Supreme Court of Canada concerning the legal standard to be applied in the certification of price-fixing class actions.

“As a team, we have almost 20 years’ experience fighting for justice in complex cases on behalf of the people and groups we represent, and we’re excited to continue and expand on this work through our new firm,” says Jon.

London, Ontario’s newest law firm can be found on select social media platforms (below) and at 4 Covent Market Lane. 

Action certified against Ontario Energy Group and Home Trust Company

Foreman & Company is pleased to announce that the consumer protection lawsuit against Ontario Energy Group and Home Trust company has been certified and will proceed to trial. Formal notice to the class will follow. 

Class members may review the certification decision here.

Electrolytic Capacitors Price-fixing Matter wins National Settlement Approval and Certification Motion Scheduled

Foreman & Company is pleased to announce that the first settlement reached in the Electrolytic Capacitors price-fixing action has been approved nationally by the courts in Ontario, Quebec and British Columbia.  Capacitor manufacturer NEC Tokin has agreed to pay $2.9 million and to provide evidence and cooperation to the plaintiff regarding the alleged capacitors pricing conspiracy.  The certification motion has been scheduled for hearing for four days commencing on November 29, 2020.

Lawnmower Horsepower pricing conspiracy settlement – cheques to be distributed to class members

Foreman & Company is pleased to announce that cheques will be distributed to class members in the lawnmower horsepower pricing conspiracy settlement. Following a four month claims process in 2019, more than 40,000 claims have been approved for payment. Individuals and businesses who made successful claims for lawnmowers purchased for their own use will receive their cheques in April, 2020. The claims of upstream purchasers of lawnmowers for resale are still being reviewed and processed. We anticipate that those claims will be paid in July 2020. Ricepoint Class Action services is the claims administrator. The settlement claims website is http://www.lawnmowersettlement.ca/.

W5 investigates door-to-door furnace sales schemes that victimize Canadians

Jon Foreman appears on CTV’s W5 to address an issue affecting thousands of Canadians. Read about our class action suit here.

Across the country, people claiming to be 'energy inspectors' are showing up on doorsteps -- convincing unsuspecting Canadians they need to buy new furnaces or air conditioners.

As W5’s Kevin Newman uncovered, it’s a well planned and hard core sales pitch that would have anyone's head spinning.