Former Immigration Detainees Launch Class Action
“Canada’s use of maximum-security provincial jails for immigration detention is under fire again as two former detainees have launched a class-action lawsuit against the federal government alleging the practice violates the Charter of Rights and Freedoms.”
“Canada’s use of maximum-security provincial jails for immigration detention is under fire again as two former detainees have launched a class-action lawsuit against the federal government alleging the practice violates the Charter of Rights and Freedoms.”
Read more about the case and how you can participate here.
Claims Period Opens in Ontario Energy Group Class Action
The claims period in the Ontario Energy Group Class Action is now open and eligible class members can file a claim for compensation and other benefits.
Foreman & Company is pleased to announce that class members can now submit a claim for money and other benefits under the settlement of the Ontario Energy Group Class Action.
To file a claim, and to learn more about how the settlement impacts class members, please visit the claims website.
The website has been designed to include guidance and answers to most common questions that claimants may have. Before filing a claim, claimants should carefully read the section entitled “How to File a Claim?”. Claimants should also read the section entitled “FAQs” where there are answers to Frequently Asked Questions.
In order to receive money and most other settlement benefits, eligible class members must submit a claim to Epiq, the Court-appointed administrator, before August 8th 2022.
The settlement provides money and other important benefits to class members, including cash compensation, reduced-cost exit options, and up to 225 cancelled agreements in exceptional circumstances.
Career Posting: Associate Lawyer
Foreman & Company is currently looking for a talented Associate Lawyer to join our team.
Foreman & Company is a boutique, plaintiff-side, class actions, law firm located in London, Ontario.
Our firm is made up of creative and determined professionals who focus on solving legal problems for stakeholders in class action litigation across Canada. We fight interesting and complex files involving price-fixing, privacy law, securities law and consumer protection law among other areas. We are proud of the team we have assembled, the work we do and the workplace that unites us.
Our office is located in a beautifully restored heritage property in downtown London, Ontario with gorgeous amenities including a rooftop patio and an on-site fitness facility supported by a personal trainer.
We are currently looking for a talented Associate Lawyer to join our team. The ideal candidate will:
have 3-5 years of complex litigation experience, exposure to class actions practice would be considered an asset (called to the bar in 2019 or earlier);
possess excellent legal research, writing and advocacy skills;
have strong time management skills with the ability to multi-task, prioritize and meet deadlines in a fast-paced working environment; and
demonstrate an eagerness to learn and grow within a highly collaborative and professional team setting.
We offer an attractive compensation and benefits package.
Foreman & Company embraces a culture of diversity and inclusion. We are committed to equal employment opportunities. We welcome and value applications from people of all backgrounds and identities.
If you are interested in applying for this position please submit a cover letter, resume, academic transcripts and a writing sample, in confidence, via email to Kassandra Gauld.
Proposed Settlement Reached in Canadian Electrolytic and Film Capacitors Class Actions
Settlements have been reached with the ELNA and Holy Stone groups in class actions concerning alleged price-fixing of electrolytic and film capacitors.
Foreman & Company is pleased to announce that national settlements have been reached with the ELNA and Holy Stone groups of defendants in Canadian class actions concerning alleged price-fixing of electrolytic and film capacitors. ELNA and Holy Stone are the fifth and sixth defendants to enter into settlements in the class actions. The class actions continue against the remaining non-settling defendants.
An "electrolytic capacitor" and a "film capacitor" are two types of electronic components used in an electrical circuit to store a charge. They are found in smartphones, game consoles, home appliances and televisions, among other electronic products.
ELNA and Holy Stone have separately agreed to pay CAD $2.475M and CAD $790,000 respectively for the benefit of electrolytic settlement class members and CAD $25,000 and CAD $10,000 respectively for the benefit of film settlement class members. The proposed settlements total a combined CAD $3.3M for the benefit of settlement class members and provide early co-operation, evidence and other assistance to the plaintiffs in pursuing their claims against the non-settling defendants. The settlements must be approved by the courts before they become effective.
“Our team is pleased to have secured another settlement recovery for the classes we represent in this litigation. We are also pleased to have negotiated the right to further evidence and cooperation from the settling defendants to enhance the prosecution of the claims against the remaining defendants.”
For more detailed information and to review the long-form notice, please click here. Foreman & Company is working collaboratively with Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on these matters.
Foreman Among Leading 500 Lawyers in Canada
Jon Foreman has been selected for inclusion in the 2022 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Lexpert®/ALM 500) as one of Canada’s leading practitioners in Class Action litigation.
We are incredibly proud to announce that Lexpert and American Lawyer Magazine have selected our founder and partner Jon Foreman for inclusion in the distinctive 2022 Lexpert/American Lawyer Guide to the leading 500 lawyers in Canada. The ALM500 is a comprehensive Canada-wide review of 35 different legal practice areas.
The Guide includes lawyers in those 35 practice areas who are “most frequently recommended” based on an extensive annual survey of peers and competitors.
Jon is featured in the class action litigation practice area subsection of the guide, which includes only 12 plaintiff-side class action in the entire country.
Bowden to Serve with Ontario Securities Commission
Sarah Bowden has been appointed to serve a 3-year term on the Securities Proceedings Advisory Committee with the Ontario Securities Commission.
Foreman & Company is delighted to announce that our accomplished colleague Sarah Bowden has been appointed to serve a 3-year term on the Securities Proceedings Advisory Committee with the Ontario Securities Commission (OSC).
Members of the committee must be practicing members of the Law Society of Ontario with excellent knowledge of Ontario Securities law and have significant practice experience in securities litigation.
As a member of the committee, Sarah will provide comment and advice to the Office of the Secretary to the Commission on a variety of policy and procedural initiatives relating to proceedings taken before the Ontario Securities Commission’s administrative tribunal.
“I am thrilled to have been selected for this important role. I look forward to employing my experience as a plaintiff-side class actions lawyer, who acts on behalf of investors, to contribute to the valuable work of this Committee.”
Jon Foreman adds “Sarah is a perfect candidate for this important role. The committee’s work assists in the maintenance and ongoing development of best practices for Ontario Securities law enforcement proceedings before the OSC’s administrative tribunal. Sarah will add a really valuable perspective based on her practice experience here at our firm assisting investors who suffer losses arising from misconduct in our capital markets.”
The OSC’s mandate is to “protection to investors from unfair, improper or fraudulent practices, to foster fair, efficient and competitive capital markets and confidence in the capital markets, to foster capital formation, and to contribute to the stability of the financial system and the reduction of systemic risk”.
Sarah’s term with the committee commences in January of 2022.
Congratulations Sarah!
Foreman Recognized by Lexpert Amongst Canada’s Leading Litigators
Jon Foreman has been honoured with inclusion in the Globe and Mail’s Report on Business Lexpert Special Edition: Litigation 2021.
Foreman & Company is proud to announce that Jon Foreman has been honoured with inclusion in the Globe and Mail’s Report on Business Lexpert Special Edition: Litigation 2021.
Jon is widely recognized as one of Canada’s leading practitioners in Class Action litigation. Together with his talented, knowledgeable team, Jon has worked successfully on a wide range of cases involving price-fixing, shareholder disputes, consumer law problems and other areas of complex litigation.
“While ultimately this is a personally challenging and fulfilling career, working complex class action cases is a team effort. Although my name might be attached to this recognition, I have a team of outstanding professionals standing beside me every day and they make this possible with their hard work and insight. I’m grateful to be recognized in such a prestigious publication with so many of my peers from across Canada.”
Jon has been featured in Lexpert’s special publication in the Globe and Mail’s Report on Business Special Editions every year since 2014. In 2013, Jon was honoured as one of Canada’s best lawyers under 40 years of age in Lexpert’s national Rising Stars list.
About Lexpert
Lexpert, a Thomson Reuters business, is Canada’s leading source of news and information about the business of law. Lexpert Directories are the most comprehensive guides to legal talent in Canada. 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.
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.
OEG Class Action Settlement Approved by the Court
The settlement agreement in the Ontario Energy Group and Home Trust Company HVAC Equipment Lease Class Action has been approved by the Court.
The settlement agreement in the Ontario Energy Group and Home Trust Company HVAC Equipment Lease Class Action has been approved by the Court. The Court has directed that a further hearing is needed in order to finalize the Distribution Protocol. Following approval of the Distribution Protocol, another notice will be sent to class members. That notice will announce the commencement of the claims process and its details and timetable.
We anticipate that the second notice will be sent in late 2021 or in early 2022. That timing depends on the necessary Court approvals for the distribution plan and the notices. Class members are asked to be patient as this process takes place. For additional details about the case please visit the OEG Class Action page.
Certification Granted in Kew Media Group Class Action
The Kew Media Group Class Action has been certified to proceed to trial as against the individual defendants, Geoffrey Webb and Steven Silver.
Foreman & Company is pleased to announce that the Kew Media Group Class Action has been certified to proceed to trial as against the individual defendants, Geoffrey Webb and Steven Silver.
The Class Action alleges that the public filings of Kew Media Group Inc. contained false statements. It seeks damages arising from a decline in the value of Kew Media Group Inc.’s securities, on behalf of “all persons or entities who acquired securities issued by Kew Media Group Inc. in the secondary market between March 28, 2017 to January 16, 2020 inclusive, other than Kew Media Group Inc., and its directors and officers.”
The Ontario Court has “certified” the Class Action meaning the Court has agreed that the lawsuit is suitable to proceed to trial as a class action. Certification is not a ruling on the merits of the case, and the Court has not yet made a decision on the allegations made in the Class Action.
The action has not yet been certified against Kew Media Group Inc. and a further motion for certification against the company may occur at a later date.
For more detailed information about the case, including the court-approved notice and an explanation of the rights of Class Members at this juncture of the case, please click here.
Foreman & Company is co-counsel with Kalloghlian Myers LLP on this matter.
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.
Fact Check: It does not cost class members any money to participate in the OEG Class Action.
Know the facts. We have received a number of inquiries regarding companies seeking payment from class members in order to participate in the OEG Class Action.
Foreman & Company has received a number of inquiries regarding companies seeking payment from class members in order to participate in the OEG Class Action. These companies are not affiliated with Foreman & Company or the OEG Class Action.
It does not cost class members any money to participate in the OEG Class Action.
The only requirement is that you must meet the criteria set out in the court-approved class definition, which can be found on this page.
If you have been contacted by any such company and are confused about how to proceed, please contact us via email or call 1-855-814-4575 ext. 109 before taking any steps.
Foreman Amongst Canada's Leading Class Action Lawyers
The 2022 edition of Chambers and Partners Canadian lawyer rankings is out and Jonathan Foreman has once more been ranked as one of Canada’s top lawyers.
The 2022 edition of Chambers and Partners Canadian lawyer rankings is out and Jonathan Foreman has once more been ranked as one of Canada’s top lawyers in the practice of Class Action Litigation. Chambers research is conducted by 200 Research Analysts, across 200 jurisdictions and ranks lawyers based on their legal knowledge and experience, their ability, their effectiveness and their client service.
“We are once again honoured to be among the most respected class actions law groups in Canada. I want to extend my thanks to everyone on the team for their dedication and hard work during these challenging times. Their inspiring teamwork in the ongoing pursuit of excellence is what makes these recognitions all the more meaningful.”
Jon and his team have achieved recoveries totalling more than $265 million by settlement and by judgment. A frequent writer and presenter on class actions at legal conferences, Jon often provides commentary to media outlets such as the CBC, National Post, Globe and Mail and Lawyers Weekly.
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.
Proposed Settlement Reached in Canadian Linear Resistors Class Actions
Foreman & Company is pleased to announce that a national settlement has been reached in Canadian class actions concerning alleged price fixing of linear resistors.
Foreman & Company is pleased to announce that a national settlement has been reached with Kamaya Electric Co., Ltd. and Kamaya Inc. (collectively “Kamaya”) in Canadian class actions concerning alleged price fixing of linear resistors. This is the second settlement to be reached in the actions.
A “linear resistor” is an electronic component used to regulate the current in an electrical circuit. Linear resistors are found in electronics like computers, smartphones, gaming consoles, home appliances and televisions, among other products.
Kamaya has agreed to pay CAD $770,000 for the benefit of Settlement Class Members and to provide early co-operation, evidence and other assistance to the plaintiffs in pursuing their claims against the non-settling defendants. The settlement must be approved by the courts before it becomes effective.
“We are pleased to have reached a second settlement in this case. In addition to the monetary recovery, this settlement will provide further evidence and cooperation to assist the plaintiffs in the conduct of the case against the remaining defendants.”
The Ontario action has also been discontinued as against the Murata, Yageo, TOCOS, Midori, Vishay and Alps defendants. This action will continue against the other named defendants.
For more detailed information and to review the long-form notice, please visit the Class Action page. Foreman & Company is working collaboratively with Siskinds LLP, Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on this matter.
London Class Action Lawyer On Canada’s Best Lawyers List
Jonathan Foreman has once again been chosen for inclusion as one of Canada’s foremost class-action lawyers.
The 2022 edition of The Best Lawyers in Canada has been released and Foreman & Company is pleased to announce that the firm’s Founder, Jonathan Foreman, has once again been chosen for inclusion as one of Canada’s foremost class-action lawyers. Through their respected peer-review process, Best Lawyers recognizes lawyers from around the world for their professional excellence and consistent top ranking from clients and peers.
“It’s always great to receive this recognition. Since founding our boutique plaintiff-side class action firm in 2020 we have worked really hard on behalf of our clients across Canada. While nothing is more important to us than doing good work, these acknowledgements energize us to continue the fight.”
While thousands of lawyers are considered for selection, we are delighted that Jon has been recognized for his experience and expertise in Class Action Litigation. Lawyers are subject to an extensive evaluation process by their peers in order to be included in this prestigious publication. This is the seventh year in a row that Jon has been recognized.
"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.
Proposed Settlement Reached in HVAC Equipment Lease Class Action
A proposed settlement has been reached in the HVAC Equipment Lease Class Action against Ontario Energy Group and Home Trust Company.
Foreman and Company is pleased to announce that the action has been certified and that a proposed settlement has been reached in the HVAC Equipment Lease Class Action against Ontario Energy Group and Home Trust Company.
Ontario Energy Group is a company that entered into lease agreements for installation, rental and servicing of HVAC equipment like furnaces, air conditioners and water heaters with Ontario consumers. Home Trust Company is alleged to have purchased an interest in these lease agreements, collected money from Class Members under the lease agreement and to have registered “liens” against Class Members’ homes.
The proposed settlement includes All persons in Ontario who are or were at any time party to a lease agreement for Equipment with MDG Newmarket Inc. O/A Ontario Energy Group entered into between May 1, 2012 and December 31, 2016, except Excluded Persons (as defined in the settlement agreement).
Under the proposed settlement reached with Ontario Energy Group and Home Trust Company, the Defendants have agreed to pay CAD $14,950,000 for the benefit of Class Members in addition to other specified relief including: i) a debt management program for Class Members with unpaid arrears; ii) the cancellation and forgiveness of a specified number of agreements in exceptional circumstances (including the gifting of equipment and removal of liens with no further payment or obligation); and iii) the implementation of a series of contractual changes which make the agreements easier and less expensive to exit among other improvements. The Settlement Funds (less court-approved legal fees, expenses, and taxes) and other benefits will be distributed to Settlement Class Members according to a distribution protocol. The settlement agreement and distribution protocol must still be approved by the court.
For more detailed information about the case, including the certification order, settlement agreement, the court-approved notices, the distribution protocol and an explanation of the rights of Class Members at this juncture of the case including your right to participate in the settlement or to opt-out/exclude yourself, please click here.
About Foreman & Company
Foreman & Company is a boutique plaintiff-side class actions law firm representing individuals 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.
Lexpert Recognizes Foreman in 25th Anniversary Directory
Foreman & Company is proud to announce that Jon Foreman has been selected for inclusion in the 25th-anniversary edition of The Canadian Legal Expert Directory as one of Canada’s leading practitioners in Class Action litigation.
Foreman & Company is proud to announce that Jon Foreman has been selected for inclusion in the 25th-anniversary edition of The Canadian Legal Expert Directory as one of Canada’s leading practitioners in Class Action litigation. Jon is consistently recommended for his experience, knowledge and expertise in litigating class actions on behalf of plaintiffs in a wide range of cases involving price-fixing, shareholder disputes and consumer law problems among other areas.
Since launching in 2020, Jon and the firm have reached several settlements, completed two large scale cash settlement distributions to class members and the firm has also launched a number of new class actions involving alleged privacy violations and shareholder disputes.
“On this, their 25th anniversary, Lexpert continues to hold an esteemed place amongst the legal industry rankings guides, in Canada and beyond, and I am honoured to be recognized again in 2021.”
The Canadian Legal Lexpert Directory is considered the preeminent directory of legal practitioners in Canada. Rankings are based on a rigorous peer-evaluation process and include a wide range of legal fields, including Class Action litigation.
Jon has been featured in Lexpert’s directory every year since 2014. 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
Lexpert, a Thomson Reuters business, is Canada’s leading source of news and information about the business of law. Lexpert Directories are the most comprehensive guides to legal talent in Canada. 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.
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.
Certification Granted and Proposed Settlement Reached in Canadian Parking Heaters Class Action
Certification has been granted and a proposed settlement has been reached in the Canadian Parking Heaters Class Action.
Foreman & Company is pleased to announce that certification has been granted and a proposed settlement has been reached in the Canadian Parking Heaters Class Action.
A Parking Heater is a component used in commercial vehicles to warm the engine and cabin in lieu of idling the vehicle. A Parking Heater is defined by the lawsuit to mean a parking heater, accessories and parts sold for use with heaters, packages containing heaters and accessories and/or parts for parking heaters that were manufactured or sold by the Defendants for use in a commercial vehicle during September 13, 2001 and December 31, 2012.
The Ontario Court has “certified” the Class Action meaning the Court has agreed that the lawsuit is suitable to proceed to trial as a class action. Certification is not a ruling on the merits of the case, and the Court has not yet made a decision on the allegations made in the Class Action.
The parties will now engage in a process known as discovery where they exchange relevant documents and examine representative witnesses for each side. The matter will then proceed to trial. At trial, a judge will decide whether or not the claims will be successful and whether remedies should be ordered in favour of Class Members.
A proposed settlement has also been reached with the individual defendant Volker Hohensee. Mr. Hohensee is a former executive of one of the defendants. He has agreed to provide the plaintiff with early cooperation and evidence in respect of the alleged conspiracy by the remaining defendants. In exchange, Mr. Hohensee will be provided with a release of the claims against him. The settlement is not an admission by Mr. Hohensee of liability, fault, or wrongdoing, but is a compromise of the disputed claims. The settlement must be approved by the court before it becomes effective.
For more detailed information about the case, including the certification orders, settlement agreement, the court-approved notices and an explanation of the rights of Class Members at this juncture of the case, please click here.
Foreman & Company is working collaboratively with Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on this matter.
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.
Proposed Settlement Reached in Canadian Electrolytic and Film Capacitor Class Actions
Foreman & Company is pleased to announce that a national settlement has been reached with Panasonic in Canadian class actions concerning alleged price-fixing of electrolytic and film capacitors.
Foreman & Company is pleased to announce that a national settlement has been reached with Panasonic Corporation, Panasonic Corporation of North America and Panasonic Canada Inc. (collectively “Panasonic”) in Canadian class actions concerning alleged price fixing of electrolytic and film capacitors. The actions continue against the remaining non-settling defendants.
"Electrolytic capacitors" and "film capacitors" are two types of electronic components used in an electrical circuit in order to store a charge. Electrolytic and film capacitors are found in electronics like smartphones, gaming consoles, home appliances and televisions, among other products.
Panasonic has agreed to pay CAD $5,950,000 for the benefit of Electrolytic Settlement Class Members and CAD $1,350,000 for the benefit of Film Settlement Class Members. In addition, Panasonic has agreed to provide co-operation to the plaintiffs in pursuing their claims against the non-settling defendants in both class actions. The settlement is not an admission by Panasonic of liability, fault, or wrongdoing, but is a compromise of disputed claims. The settlement must be approved by the courts before it becomes effective.
“These class actions are an essential legal tool. They allow purchasers of electronic components and products containing them to overcome traditional economic and other barriers to access the legal system in order to bring forward complex price-fixing allegations. This settlement is very valuable to the class members we represent.”
For more detailed information and to review the long-form notice, please click here. Foreman & Company is working collaboratively with Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on these matters.
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.
Proposed Settlement Reached in Canadian Linear Resistors Class Actions
Foreman & Company is pleased to announce that a national settlement has been reached with Panasonic in Canadian class actions concerning alleged price-fixing of linear resistors.
Foreman & Company is pleased to announce that a national settlement has been reached with Panasonic Corporation, Panasonic Corporation of North America and Panasonic Canada Inc. (collectively “Panasonic”) in Canadian class actions concerning alleged price fixing of linear resistors. This is the first settlement to be reached in the actions. The actions continue against other defendants.
A “linear resistor” is an electronic component used to regulate the current in an electrical circuit. Linear resistors are found in electronics like computers, smartphones, gaming consoles, home appliances and televisions, among other products.
Panasonic has agreed to pay CAD $2,350,000 for the benefit of Settlement Class Members and to provide early co-operation, evidence and other assistance to the plaintiffs in pursuing their claims against the non-settling defendants. The settlement must be approved by the courts before it becomes effective.
“Class actions provide access to justice for claimants affected by widespread wrongs like price fixing. These proposed settlements represent an important initial step in this litigation for Canadian purchasers of linear resistors.”
For more detailed information and to review the long-form notice, please click here. Foreman & Company is working collaboratively with Siskinds LLP, Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on this matter.
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.
Lexpert Lists Foreman Amongst Leading Litigators
Jon Foreman has once again been selected for inclusion in the Globe and Mail’s Report on Business Lexpert Special Edition: Litigation 2020 as one of Canada’s leading practitioners in Class Action litigation.
The litigators of Foreman & Company (from left to right):
Annie Legate-Wolfe, Sarah Bowden, Jonathan Foreman and Jean-Marc Metrailler
Jon Foreman has once again been selected for inclusion in the Globe and Mail’s Report on Business Lexpert Special Edition: Litigation 2020 as one of Canada’s leading practitioners in Class Action litigation. Jon is known across Canada for his knowledge and expertise in litigating class actions on behalf of plaintiffs in a wide range of cases involving price-fixing, shareholder disputes and consumer law problems among other areas.
“Lexpert is one of the premiere rankings guides in the North American legal industry and I am truly honoured to be recognized again in 2020.”
The Lexpert Special Edition – Canada's Leading Litigation Lawyers profiles Lexpert-ranked lawyers in business-related litigation, including Class Action litigation.
Jon has been featured in Lexpert’s special publication in the Globe and Mail’s Report on Business Special Editions every year since 2014. 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
Lexpert, a Thomson Reuters business, is Canada’s leading source of news and information about the business of law. Lexpert Directories are the most comprehensive guides to legal talent in Canada. 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.
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.
Canada’s proposed Modern Slavery Act and Nevsun: Implications, opportunities
Will Canada's Modern Slavery Act further the harm it set out to prevent?
On Feb. 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v. Araya 2020 SCC 5. Subject to significant legal commentary in the months since its release, Nevsun has been heralded as a step forward to recognize the liability of Canadian corporations for human and labour rights violations under their watch abroad.
Eight months later, Sen. Julie Miville-Dechêne (re-)introduced Bill S-216: An Act to enact the Modern Slavery Act and to amend the Customs Tariff. Modelled after the U.K. and Australia’s Modern Slavery Act, and a revamped version of Senate Bill S-211, the proposed Act would require corporations operating in Canada to report to the minister of public safety and emergency preparedness on their annual efforts to “prevent and reduce the risk that forced labour or child labour is used at any step in the production of goods.” The Act would require annual reporting on (inter)national operations, grant authority for in-person and electronic searches of corporate records and impose a maximum fine of $250,000.
Bill S-216 and Nevsun appear to work hand-in-hand by placing a burden on corporations to branch outside of the corporate social responsibility model and actively turn their minds to their use of forced or child labour. Importing peremptory norms of customary international law on slavery, forced labour and crimes against humanity, the Act and Nevsun together will hold corporations accountable to Canadian standards despite operating outside our borders. With Nevsun acting as the threat of civil enforcement, and the Act acting as the public accountability mechanism, the goal of reducing imported and domestic forced and child labour goods seems within reach.
Undoubtedly, however, the transition will not be smooth. Any defendant caught up in a civil claim for engaging in slave-labour type practices could turn to the Act in defence of its actions, pointing to the low bar of annual reporting as the standard of care they were required to meet under Canadian law. Without requiring corporations to carry out due diligence to determine if there is modern slavery ongoing in their ranks, it is entirely possible for corporations to routinely report they heard and saw no evil. Even where it is found, by requiring no positive steps for businesses to respond to events of modern slavery in their supply chains, the Act adds nothing beyond the already in effect customs tariff No. 9897.00.00 which prohibits forced labour goods from entering Canada. Further, and as is the case with any quasi-criminal statute, corporate defendants will likely argue the Act imposes a complete code for the enforcement of anti-slavery laws, thereby closing the door Nevsun cracked open just months before.
By exposing the corporations to a maximum of $250,000 in fines and potentially removing a path for recovery by the victims of the abuse, it is entirely possible for the Modern Slavery Act to further the harm it set out to prevent.
Despite the challenges, if the Act is passed, corporate counsel would be wise to advise their clients to resolve forced and child labour issues in their supply chain if they wish to continue doing business in Canada. While annual reporting sets a low standard, over time this is likely to catch up with the large corporations subject to the reporting requirements and the Public Safety Canada’s investigation powers could result in their removal from the Canadian market.
Likewise, class actions, human rights and labour counsel should monitor the mandatory public reports of these corporate entities submitted under the proposed Act. Signs of missing links in the supply chain, key employees departing around the timing of the annual reports and missing reports altogether may enforce and strengthen clients’ claims of mistreatment.
At the end of the day, Nevsun wasn’t decided on its merits and Bill S-216 is in its very early stages. While the law develops, it will be up to corporations through effective monitoring of their supply chains and individuals through the power of their purse to ensure the practice of using forced and child labour becomes obsolete long beforehand.
Annie Legate-Wolfe is a class actions and indigenous law associate with Foreman & Company, a boutique plaintiff’s side litigation firm based in London, Ont. She acts on behalf of plaintiffs in a variety of matters including financial services, consumer protection, product liability, and interpretation & application of indigenous statutory and common law rights.
This article was originally published by The Lawyer’s Daily, part of LexisNexis Canada Inc.
MEDIA ENQUIRIES
Please direct all requests to:
Jonathan Foreman
Phone: 519.914.1175 x 101 or 855.814.4575
Email: jforeman@foremancompany.com