Winnipeg, Manitoba
May 3, 2007
Case "replete
with weakness in every respect" says Saskatchewan Court of
Appeal
The
Court of Appeal for
Saskatchewan has dismissed an appeal sponsored by the
activist group Saskatchewan Organic Directorate (SOD) and two
Saskatchewan organic farmers seeking Class Action certification
under Saskatchewan's Class Actions Act.
The decision was announced May 2, 2007 in a 34-page written
judgment released by the Court of Appeal for Saskatchewan in the
case of Larry Hoffman, L.B. Hoffman Farms Inc., and Dale
Beaudoin vs. Monsanto Canada
Inc. and Bayer
CropScience Inc. Although there were 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 Appeal Court hearing was heard in December 2006 in Regina,
Saskatchewan before the Honourable Mr. Justice Cameron, the
Honourable Madam Justice Gerwing and the Honourable Mr. Justice
Sherstobitoff. In making its judgment, the Court clearly
articulated its views on arguments put forth by the Saskatchewan
Organic Directorate, noting, "In our judgment, this action did
not merit certification as a class action. So, the appeal is
dismissed."
"We are obviously pleased with the Court's decision. Roundup
Ready(R) canola technology has brought tremendous benefits to
canola growers across Canada," said Trish Jordan, Monsanto
Canada spokesperson. "Hopefully now the plaintiffs in this case
will accept the Court's determination that their claims are
without merit and stop trying to deny growers access to this
beneficial technology."
Particularly telling were comments made by the Justices
indicating the claims of trespass, nuisance and negligence did
not provide a plausible basis for liability and it was the
opinion of the Court that, "the application for certification
was replete with weakness in every respect, and not just in
respect of the question of whether the pleadings disclosed a
cause or causes of action and the question of whether there
existed an identifiable class. Despite these weaknesses, those
in control of the action decided to press on with it."
"Food and feed products containing ingredients derived from
plant biotechnology crops have a solid 10-year history of safe
use and all current Roundup Ready crops available in the
marketplace, including Roundup Ready canola, met or exceeded
Canadian federal regulatory guidelines for food, feed and
environmental release. The Court made special mention of this in
its judgment," said Jordan. "SOD and its supporters are
completely ignoring the reality that all types of farming can
coexist with good farm management practices, the establishment
of reasonable tolerances and thresholds for adventitious
presence and cooperation between neighbors."
The plaintiffs in this case have until August 2, 2007 to launch
an application for leave to appeal to the Supreme Court of
Canada.
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 Court denies the group certification status
saying they failed to meet any of the 5 required criteria
for certification as outlined in the Class Action 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 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.
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