Jon Foreman Secures Honour in Canadian Class Action Litigation

Foreman & Company proudly announces that Jon Foreman, our founder and partner, has earned a coveted spot in the esteemed 2024 Canadian Legal Lexpert Directory, recognizing him as one of the foremost practitioners in Class Action litigation across Canada. This marks Jon's consistent recognition in the directory every year since 2014, a testament to his commitment to legal excellence.

Jon's expertise has also garnered recognition in the Class Action Litigation section of the distinguished 2023 Lexpert/American Lawyer Guide, which showcases Canada's top 500 legal minds, comprised of a small number of top practitioners across 30 different practice areas. Jon was recognized as one of only eight plaintiff-side lawyers across Canada in the class action litigation section of the guide.

About the Lexpert Directory

Since 1994, Lexpert has annually conducted peer surveys to recognize outstanding lawyers and law firms in Canada. A Lexpert ranking signifies acknowledgment of an individual's leadership status within their respective field.

Lexpert rankings result from a thorough annual survey and extensive research process. Lawyers, recommended by their law firm leaders, are confidentially rated by their peers. Each year, over 13,000 lawyers participate in the survey.

Claims Period Opens in Navistar MaxxForce Engine Class Action

Foreman & Company is pleased to announce that a class action settlement with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (“Navistar”) for CAD $13,775,000 cash and up to CAD $725,000 towards rebates, to a collective total of CAD $14,500,000 has been approved by the Court.

The class action includes all persons and entities in Canada, excluding Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more 2011-2014 model year Navistar vehicles equipped with a MaxxForce 11-,13-, or 15-litre engine.

The claims period is now open to make a claim for a portion of the settlement funds.

Claims can be submitted online through the settlement website at www.navistarsettlement.ca, or by paper copy upon request to the Claims Administrator.

The deadline for filing a claim is August 19, 2024. Claims filed after the deadline may not be approved or eligible for compensation.

For more detailed information and to file a claim, please click here.

Supporting Varsity Track and Field athletes at Western University

Foreman & Company is pleased to announce that it has made a donation to the Western Mustangs’ Track and Field Team to support the 2024 Western Mustangs’ Track & Field Black, Indigenous and Racialized Student-Athlete Award.

This scholarship is awarded annually to those student-athletes who make a significant contribution as a member of the Mustang Varsity Track & Field/Cross-Country Team and who self-identify as a Black, Indigenous or Racialized person.

Supporting this program was especially meaningful for firm founder Jon Foreman. Jon was a competitor for the Western Track and Field team, where he earned All-Canadian status and served as Team Captain.

“I owe a lot to the Western Track and Field program. I built lifelong friendships within a close knitted community of athletes and coaches from diverse backgrounds. Student-athletes give a lot of themselves as they balance their studies with their competitive lives. Western’s athletes and coaches have done an incredible job taking the track and field program to new heights. I am thrilled to give back and to honour the current generation by supporting this scholarship.”

— Jon Foreman

We at Foreman & Company wish the recipients of this scholarship and all student-athletes at Western University the best of luck in their studies, out on the track, and in the field!

Go Mustangs!

Foreman Recognized in Lexpert/ALM 500 Rankings

Foreman & Company is pleased to announce that our founder and partner, Jon Foreman, has been selected again for inclusion in the 2024 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada! 

This guide features Canada’s best lawyers across 30 separate practice areas based on Lexpert’s annual Canada-wide survey.  Jon’s inclusion is in the class action litigation practice area, where he has earned “Most frequently recommended” status, the highest-ranking result under Lexpert’s survey methodology!

“We have a great team here at Foreman & Company – these results actually reflect the work of our entire group over a long time.  Thank you to Lexpert and American Lawyer Magazine for this recognition.”

— Jon Foreman

Chambers Ranks Foreman for 7th Consecutive Year

We are happy to share that our founder Jon Foreman and our firm, Foreman & Company, were each ranked in Chambers & Partners' prestigious annual rating of top plaintiff-side Class Action lawyers and law firms in Canada.   

This is Jon’s 7th consecutive year with a place in Chambers’ rankings, and it is Foreman & Company’s first since the firm launched in 2020!  Chambers & Partners, based in London, UK is an elite global ratings service for the legal services industry.  Ratings are established following deep market analysis and independent research, including interviews with the competitors and opponents of the ranked lawyers and law firms.

Bowden Named Partner

The entire team at Foreman & Company is excited to announce the promotion of Sarah Bowden to Partner, effective immediately.

Sarah has been a key member of our Class Actions team right from her call to the bar in 2009.  

“I’m thrilled to accept this new role! I look forward to continuing my work alongside Jon, whose mentorship has been invaluable in my career, and our entire team on behalf of our clients and class members.”

— Sarah Bowden

Sarah has proven herself to be an exceptional person and lawyer in every regard. In addition to her demonstrated skills in court, she has demonstrated expertise in every aspect of our practice. Her leadership, judgement, integrity, drive, and enthusiasm have helped make us the firm we are today. Our clients are in excellent hands with Sarah.

Above all, Sarah is a trusted friend and confidant to her fellow team members.

“Sarah is a true partner and a friend.  Everyone on our team respects and admires her - she is someone we can all count on.  It also must be said that our opponents know Sarah to be a top practitioner in our field. We consider ourselves lucky to practice with her!”

— Jonathan Foreman

Congratulations from all of us!

Proposed Settlement Reached in Canadian Vehicle Carriers Class Actions

Foreman & Company is pleased to announce that a further proposed national settlement has been reached in the Canadian Vehicle Carrier Services Class Actions.

The settlement was reached with the defendants Mitsui O.S.K., Ltd., Mitsui O.S.K. Shipping (U.S.A.), Inc. Nissan Motor Carrier Co. Ltd., and World Logistics Service (USA) Inc. ("MOL"). Under the terms of the proposed settlement, MOL has agreed to pay CAD $7,000,000 for the benefit of settlement class members and to provide cooperation to the plaintiffs in pursuing their claims against the remaining non-settling defendants.

The proposed settlement must be approved by the Courts before it becomes effective.

“Vehicle Carriers” transport large numbers of cars, trucks, or other automotive vehicles including agriculture and construction equipment over oceans using specialized cargo ships known as Roll On/Roll Off vessels (“RoRos”). A RoRo ship is a special type of ocean vessel that allows wheeled vehicles to be driven and parked on its decks for long voyages. “Vehicle Carrier Services” are the paid ocean transportation of vehicles by RoRo.

This is the second settlement reached to date in the Actions. To learn more about the proposed settlement, please visit the settlement website at: roroclassaction.com or view the Notice of Settlement Approval.

Foreman & Company is working collaboratively with Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. to prosecute the Canadian Vehicle Carrier Services Class Actions on a national basis.

Proposed Settlement Reached in Navistar MaxxForce Engine Class Action

Foreman & Company is pleased to announce that a proposed national settlement (excluding Québec residents) has been reached in the Navistar Maxxforce Engine Class Action.

The settlement was reached with the defendants Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (“Navistar”). Under the terms of the proposed settlement, Navistar is required to pay CAD $13,775,000 cash and up to CAD $725,000 towards rebates, to a collective total of CAD $14,500,000 for the benefit of all persons and entities in Canada, excluding Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more 2011-2014 model year Navistar vehicles equipped with a MaxxForce 11-,13-, or 15-litre engine.

The proposed settlement must be approved by the Court before it becomes effective.

To learn more about the proposed settlement, please visit the settlement website at: www.navistarsettlement.ca or view the Notice of Settlement Approval.

Foreman & Company is working collaboratively with Rochon Genova LLP and Farris, Vaughan, Wills & Murphy LLP, to prosecute the Navistar MaxxForce Engine Class Action on a national basis.

We Mourn and Pay Tribute to Claude Pensa, our Friend and Mentor.

Claude was known for his kindness, his humour, and his most compelling way with words! A wonderful person, a skillful lawyer and a prolific organizer and volunteer. We consider ourselves lucky to have had the chance to learn from him. 

We are a grateful branch of his leadership tree in the law – and we are very proud of that fact. His example lives strong in our firm.

Our love and support to Claude’s beautiful family. 

Claude and his late wife Elaine were founders of London Lawyers Feed the Hungry. Now seems an excellent time for us all to provide our support to that organization which assists some of our city’s most vulnerable.

We have made a donation to London Lawyers Feed the Hungry in Claude’s honour.

A Further Settlement, Totaling $21.3 million, Reached in Canadian Electrolytic and Film Capacitors Class Actions

Foreman & Company is pleased to announce that a further proposed national settlement totaling CAD $21,300,000 has been reached in Canadian class actions concerning alleged price fixing of electrolytic and film capacitors. This is the ninth settlement reached to date in the electrolytic capacitors class action and the eighth settlement reached to date in the film capacitors class action.

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.

Pursuant to the proposed settlement, NCC/UCC (the “Settling Defendant”) has agreed to pay CAD $20,900,000 for the benefit of electrolytic settlement class members and has also agreed to pay CAD $400,000 for the benefit of film settlement class members.

In addition, the Settling Defendant has agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. The settlement is not an admission of liability, fault, or wrongdoing, but is a compromise of disputed claims. The settlement must be approved by the courts before it becomes effective.

To be a member of these class actions, you must have purchased an aluminum and tantalum electrolytic capacitor or a product containing an aluminum and tantalum electrolytic capacitor between September 1, 1997 and December 31, 2014 or have purchased a film capacitor or a product containing a film capacitor between January 1, 2002 and December 31, 2014.

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.

Claims Period Opens in Northland Resources S.A. Securities Class Action

Foreman & Company is pleased to announce that a class action settlement with Northland Resources S.A. and certain of its former directors and officers (the “Defendants”) for €7,550,000 has been approved by the Court. The class action concerned alleged misrepresentations and/or failures by the Defendants to make timely disclosure of multi-million dollar cost overruns at the Kaunisvaara mine project.

The claims period is now open for eligible affected shareholders to make a claim for a portion of the settlement funds.

Eligible shareholders include all persons or entities who acquired Northland Resources S.A. Securities between April 1, 2012 and January 23, 2013 and held some or all of those Securities as of January 23, 2013.

Claims can be submitted online through the settlement website at www.northlandclassaction.com, or by paper copy upon request to the Claims Administrator.

The deadline for filing a claim is December 15, 2023. Claims filed after the deadline may not be approved or eligible for compensation.

For more detailed information and to file a claim, please click here.

Four New Settlements, Totaling $21.94 million, Reached in Canadian Electrolytic and Film Capacitors Class Actions

Foreman & Company is pleased to announce that four proposed national settlements totaling $21,940,000 have been reached in Canadian class actions concerning alleged price fixing of electrolytic and film capacitors. These are the fifth, sixth, seventh and eighth settlements reached to date in the electrolytic capacitors class action and the sixth and seventh settlements reached to date in the film capacitors class action.

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.

Pursuant to the proposed settlements, ROHM, Fujitsu, KEMET and Nichicon (together, the “Settling Defendants”) have separately agreed to pay CAD $450,000, CAD $465,000, CAD $6,200,000 and CAD $14,150,000 respectively for the benefit of electrolytic settlement class members. KEMET and Nichicon have also agreed to pay CAD $325,000 and CAD $350,000 respectively for the benefit of film settlement class members.

In addition, the Settling Defendants have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. The settlements are not admissions of liability, fault, or wrongdoing, but are compromises of disputed claims. The settlements must be approved by the courts before they become effective.

To be a member of these class actions, you must have purchased an aluminum and tantalum electrolytic capacitor or a product containing an aluminum and tantalum electrolytic capacitor between September 1, 1997 and December 31, 2014 or have purchased a film capacitor or a product containing a film capacitor between January 1, 2002 and December 31, 2014.

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 Appointed to Board of The Advocates' Society

Foreman & Company is pleased to announce that its founder Jon Foreman has been appointed to the board of directors for The Advocates' Society ("TAS") for a 4-year term.

“The Advocates’ Society is an incredible organization comprised of a dedicated leadership team, executive staff, standing committees and a robust national membership. I am energized and excited for the opportunity to work as a member of its board over the next four years.”

— Jonathan Foreman

About The Advocates’ Society

TAS is a national society of litigation lawyers with the mandate to promote access to justice, facilitate the existence of a robust, courageous and independent bar and contribute to maintaining the advocate's role within the justice administration in Canada. TAS provides year-round marquee continuing professional development and specialized "learning by doing" skill-building and education programming for lawyers. TAS also facilitates mentorship and practice area-specific learning and networking programming. Finally, TAS actively helps shape Canada's justice system through interventions in major cases and appeals to offer its perspective through submissions to Federal and Provincial governments, regulators, and others on legislative or policy initiatives.

To learn more about TAS, please visit their website.

Proposed Settlements Reached in Canadian Linear Resistors Class Actions

Foreman & Company is pleased to announce that two national settlements have been reached in Canadian class actions concerning alleged price fixing of linear resistors.

Settlements have been reached with Rohm Co. Ltd. and Rohm Semiconductor U.S.A., LLC (collectively, “ROHM”’) and with Hokuriku Electric Industry Co. and HDK America Inc. (collectively “HDK”). These are the third and fourth settlements 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.

ROHM has agreed to pay CAD $1,550,000 for the benefit of Settlement Class Members and to provide early cooperation, evidence and other assistance to the plaintiffs in pursuing their claims against the non-settling defendants.

HDK has agreed to pay CAD $910,750 for the benefit of Settlement Class Members and to provide early cooperation, evidence and other assistance to the plaintiffs in pursuing their claims against the non-settling defendants.

The payments under the settlements with ROHM and HDK total CAD $2,460,750. These settlements must be approved by the Courts before they become effective.

“We are pleased to have reached further settlements in this case. In addition to the monetary recovery, these settlements will provide further evidence and cooperation to assist the plaintiffs in the conduct of the case against the remaining defendants.”

— Jonathan Foreman, Founder and Partner at Foreman & Company 

Two prior settlements, totalling CAD $3,120,000, were reached with the Panasonic and Kamaya defendant groups. These settlements were approved by previous orders of the Courts.

For more detailed information and to review the long-form notice, please visit our linear resistors dedicated webpage. 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.

Lexpert Recognizes Foreman in Annual Rankings

Foreman & Company is pleased to announce that Jon Foreman, the firm’s founder and partner has been selected for inclusion in the 2023 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 the Class Action Litigation section of the distinctive 2023 Lexpert/American Lawyer Guide to the leading 500 lawyers in Canada. Jon was also previously 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.

Foreman Listed Amongst Canada’s Leading Lawyers

Lexpert and American Lawyer Magazine have again included our Founding Partner, Jonathan Foreman, in the Class Action Litigation section of the distinctive 2023 Lexpert/American Lawyer Guide to the leading 500 lawyers in Canada.

The Guide includes top lawyers in 35 separate practice areas who are ranked as “most frequently recommended” in each practice area based on an extensive annual survey of peers and competitors and personal interviews with senior members of the bar. 

Jon is included on a short list of 20 practitioners in Canada recognized in the Class Action litigation section of the Guide.

The ALM500 rankings recognize leaders for their excellence in their respective fields, lawyers prominent in their practice areas and professional organizations, and professionals worthy of significant recognition from their colleagues.

Proposed Settlement Reached in Northland Resources S.A. Securities Class Action

Foreman & Company is pleased to announce that a settlement as been reached with Northland Resources S.A. and certain of its former directors and officers (the “Defendants”) concerning alleged misrepresentations and/or failures by the Defendants to make timely disclosure of multi-million dollar cost overruns at the Kaunisvaara mine project.

The Defendants have agreed to pay EUROS 7,550,000.00 for the benefit of settlement class members in exchange for a full release of the claims against them. The settlement must be approved by the Court before it becomes effective.

“In litigation matters like these, where a defendant has declared bankruptcy, class actions serve as a valuable tool by which class members can preserve their claims and achieve results. After many years of effort, we are pleased to have reached this settlement on behalf of affected shareholders.”

— Jonathan Foreman, Founder and Partner at Foreman & Company 

Northland declared Bankruptcy in 2014 and was discharged in 2016. The company has not operated since 2014 and it has no assets following a liquidation within the bankruptcy process. The Settlement recoveries are payable from certain limited securities-related insurance coverages that were in place prior to the bankruptcy. The Settlement recoveries include the full limit of Northland’s securities-related insurance coverage (EUROS 5 million), plus the full amount of the Defendant director’s and officer’s calculated exposure under liability limits contained in Ontario securities law and amounts for legal costs and costs of notice and administration.

The dates for making claims for compensation from the Settlement Fund will be published through a separate notice as soon as possible after the Court approves the Settlement Agreement and the proposed Plan of Distribution. Updates and information about how to make a claim will be posted as soon as they are available on the settlement website. If you would like to be provided with direct notice of the opening of the claims process, please register on the settlement website.

For more detailed information and to review the Long-Form Notice and other case-related documents, please click here.

Foreman to Speak at Canadian Bar Association Conference in Ottawa

Jonathan Foreman will speak about The Evolution of Competition Class Actions at the Canadian Bar Association's Competition Law Fall Conference on Friday, October 21.

Chantelle Cseh, Davies Ward Phillips & Vineberg LLP will be moderating the conversation, and Jon will be joined by Matthew Levitt from Baker Botts LLP and Paul-Erik Veel of Lenczner Slaght LLP.

The speakers will share their perspectives and examine recent cases and trends in Canadian class actions with a view to recent developments in the United Kingdom.

About the Conference

The Canadian Bar Associations’ Competition Law Fall Conference brings together all segments of the competition law community, including Canadian and international enforcement officials, in-house counsel, plaintiffs’ lawyers, defense lawyers, economists and academics in order to share knowledge, experience and advice regarding all areas of competition and foreign investment law and policy, including mergers, unilateral conduct, cartel and class action proceedings and deceptive marketing practices. The conference takes place on October 21 and 22, 2022.

Foreman & Company Welcomes Associate Lawyer, Tyler O’Henly

Foreman & Company is pleased to welcome Tyler O’Henly as an Associate Lawyer with our distinguished legal team. Tyler returns after completing his articles with Foreman & Company in 2021/2022 and summering with the firm in 2020.

Tyler is a graduate of Western Law, class of 2021. Prior to attending law school, Tyler was a Division-I scholarship athlete with the Varsity Football program at the University at Buffalo, where he completed his Bachelor’s degree in Business Administration.

In addition to the class action and commercial law experience gained in his time with the Firm, Tyler brings a wealth of collaborative experience to our boutique team environment. As manager of the AthletesCAN Sport Solution Clinic during law school at Western, Tyler handled cases for his clients through mediation, negotiation, and communication between athletes and their governing organizations. Since joining Foreman & Company, Tyler has excelled at assisting and advocating for the Firm’s clients, including through legal research, case development, and written submissions before the Courts. Tyler will continue his great work in the interests of our clients as he grows his practice as an associate.

We are extremely pleased to have Tyler return to our office and extend a warm welcome.

Foreman & Company Announces New Team Members

We are pleased to welcome two new members to our legal team.

Dylan MacIsaac

Dylan joins our firm as an articling student for the 2022-2023 articling term. He is a graduate of the Law School at the University of Windsor, class of 2022. Dylan has already built a notable resume in the class actions field. Dylan was a member of the Championship team at the 2022 Warren K. Winkler Class Actions Moot, where he also was awarded the prize as the Top Oralist. Dylan also studied class actions under Professor Jasminka Kalajdzic, a revered professor in the class actions field. Dylan’s experience as an advocate was also formed through his participation with the local communities where he lived and worked, including as a law student with Community Legal Aid, with the Migrant Farmworkers Clinic, and the Canadian Environmental Law Association. Prior to attending law school, Dylan obtained a degree in political science from the University of Ottawa. Dylan brings with him a wealth of perspective and experience to our legal team.

Patrick Bushey

Patrick joins our firm as a law clerk.  He is a recent graduate from Fanshawe College’s Law Clerk program. Patrick has an additional diploma in Police Foundations and a certificate in Contemporary Law & Justice from Lambton College. Patrick completed an 8-month co-op placement with a Provincial Ministry, where he was exposed to complex and interesting legal work with accountability to multiple stakeholders. Patrick will be using his skills to support legal and factual investigations by our team in support of new and existing actions. Patrick will also provide all manner of other assistance to our legal team. In addition to his legal skills, Patrick can communicate with class members in both English and French.

Welcome, Dylan and Patrick!