Winnipeg, Manitoba
December 13, 2007
The Supreme Court of Canada has
denied the application for Leave to Appeal in the case of Larry
Hoffman, L.B. Hoffman Farms Inc. and Dale Beaudoin vs.
Monsanto Canada and
Bayer CropScience Inc.
The decision was released today by the Supreme Court of Canada.
This case was launched back in January 2002 and although there
are two named appellants in the case - Hoffman and Beaudoin -
the case is actually driven, and financially resourced, by the
Saskatchewan Organic Directorate's Organic Agriculture
Protection Fund.
The Saskatchewan Organic Directorate (SOD) and its supporters
were attempting to pursue a Class Action suit against Monsanto
Canada and Bayer Crop Science for what they claim to be harm
caused to the organic industry as a result of the introduction
of genetically modified (GM) canola. The first step in doing so
was to obtain Class Action certification but the group had
already failed on two previous attempts in the lower courts. A
May 2, 2007 decision issued by the Court of Appeal for
Saskatchewan upheld the decision of the Court of Queen's Bench,
Saskatchewan that denied the group Class Action certification
noting, "the case was replete with weakness in every respect."
With the decision by the Supreme Court of Canada to deny Leave
to Appeal, this exhausts all legal avenues for the case, as
constructed, to gain Class Action certification and proceed to
trial.
"We are obviously satisfied with the Supreme Court's decision to
deny Leave to Appeal," said Trish Jordan, Monsanto Canada
spokesperson. "We have always maintained that the claims made by
this group lacked merit and that they failed to meet any of the
required criteria for certification. It is gratifying to see the
Supreme Court of Canada support the strongly worded decisions of
the lower courts."
Chronology of Events in SOD Class Action attempt
Jan. 2002
The Saskatchewan Organic Directorate (SOD) announces they
are going to sue Monsanto and Bayer for harm caused by
introduction of GM Canola.
Nov. 1-2, 2004
First Court date hearing in group's attempt to have their
suit brought as a Class Action claim.
May 11, 2005
Judgment from Queens' Bench Court of Saskatchewan denies the
group certification status saying they failed to meet any of
the 5 required criteria for certification as outlined in the
Class Actions Act.
May 25, 2005
SOD announces they will appeal. Press release quotes the
Chair of SOD's Organic Agriculture Protection Fund as saying
"We want our day in court!"
Aug 30, 2005
Court grants Leave to Appeal.
Oct 30, 2006
Application for Intervention in Appeal Hearing filed by
Friends of the Earth and Saskatchewan Environmental Society
filed.
Nov 23, 2006
Court of Appeal denies application to intervene filed by the
above mentioned groups. Dates previously set for Appeal
Hearing remain in place.
Dec 11, 2006
Appeal Hearing begins.
May 02, 2007
Saskatchewan Court of Appeal releases judgment dismissing
appeal. The Court of Appeal held that "the case was replete
with weakness in every respect."
Aug 02, 2007
SOD announces they seek Leave to Appeal to the Supreme Court
of Canada.
Dec 13, 2007
Supreme Court of Canada denies application for Leave to
Appeal.
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