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[SANET-MG] lawsuit by organic canola growers tossed out by Queen's bench for Saskatchewan
I have not seen much report of the conclusion of the lawsuit by organic
canola growers in Canada. The Saskatchewan courts seem to be branch
offices of Monsanto Canada. I have enclosed the docket information and
conclusion of the lawsuit.The full decision is 175 pages.
QUEEN’S BENCH FOR SASKATCHEWAN
Citation: 2005 SKQB 225
Docket: Q.B.G. No. 67/2002
Judicial Centre: Saskatoon
LARRY HOFFMAN, L.B. HOFFMAN FARMS INC.
and DALE BEAUDOIN
- and -
MONSANTO CANADA INC. and BAYER CROPSCIENCE INC.
Terry J. Zakreski for the plaintiffs
Gordon J. Kuski, Q.C. and Richard W. Danyliuk for Monsanto Canada Inc.
Robert W. Leurer, Q.C. and Jason W. Mohrbutter for Bayer Cropscience Inc.
JUDGMENT G.A. SMITH J.
May 11, 2005
 The plaintiffs are organic farmers who seek to bring this action on
behalf of all organic grain farmers in Saskatchewan. The defendants,
Monsanto Canada Inc. (“Monsanto”) and Bayer Cropscience Inc. (“BCS”),
are both manufacturers and distributors of agricultural products
including chemical fertilizers and pesticides. The plaintiffs claim
damages to organic grain farmers allegedly resulting from the
development and commercial introduction into Canada of genetically
modified (“GM”) canola by the two defendants.
340] Of the seven causes of action asserted in the statement of claim, I
have concluded that only two disclose a reasonable cause of action. I
have held that the proposed representatives have failed to satisfy the
Court that there is an identifiable class rationally related to the
claims of losses in the statement of claim. Most of the proposed common
issues have been found not to be common across the proposed class. I
have concluded that a class action would not be the preferable
proceeding in light of the nature and the predominance of individual
issues that would remain to be resolved after any remaining common
issues were determined. Finally, I have held that the proposed
representative plaintiffs are not appropriate representative plaintiffs
for a class action.
 Accordingly, the application for certification is dismissed. Leave
is granted to the parties to address the issue of costs.
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