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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
Date: 20050511
Docket: Q.B.G. No. 67/2002
Judicial Centre: Saskatoon
BETWEEN:
LARRY HOFFMAN, L.B. HOFFMAN FARMS INC.
and DALE BEAUDOIN
PLAINTIFFS
- and -
MONSANTO CANADA INC. and BAYER CROPSCIENCE INC.
DEFENDANTS
Counsel:
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
Introduction
[1] 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.
Conclusion
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. [341] Accordingly, the application for certification is dismissed. Leave is granted to the parties to address the issue of costs.
___________________________J

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