It will cost him a small fortune, but Alberta farmer Dale Moran says his successful lawsuit against a herbicide manufacturer had to be pursued for the sake of all farmers.
“I hope something comes out of this that will help others,” the Trochu, Alta., farmer said last week.
The Alberta Court of Appeal recently upheld a November 2004 lower court decision in which Cyanamid Crop Protection, a division of Wyeth-Ayerst Canada Inc., was found liable for crop damage suffered by Moran in 1998.
He had significant yield losses on wheat planted on ground that had been treated with Pursuit the previous year.
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The court ruled the company was negligent in failing to adequately warn users on its label about residue problems associated with its product Pursuit.
The lower court awarded Moran $27,745.25 in damages last year, a decision appealed by Wyeth-Ayerst but upheld by the provincial court of appeal Oct. 14.
Moran’s first reaction at the decision in his favour was to laugh.
“Well, it’s going to end up costing me $100,000 when I’ve got none,” he said, referring to legal fees and other costs incurred in the lengthy legal battle.
But he added he hopes it sends a message to chemical companies to include better information on their labels and be more up front with producers about production and other risks associated with their products.
“It’s an ongoing issue with farmers,” he said.
Peter Macleod, executive director of crop protection for CropLife Canada, which represents pesticide manufacturers, said that while he couldn’t comment on the Moran case, companies have an obvious interest in providing accurate information to farmers regarding proper use, production risks and safety.
“It’s in the companies’ self-interest to ensure labels are accurate and consistent because if there is problem, the liability is coming back to them,” Mac-leod said.
He acknowledged it’s not uncommon for farmers to get into a dispute with a company about a product’s performance or label, but said these disputes are usually resolved through negotiations and some sort of financial settlement rather than the courts.
Macleod described a pesticide label as a legal document that is approved by the Pest Management Regulatory Agency and must meet strict standards set out by the agency and CropLife.
“Modern herbicides are complex and complicated regarding their use,” said Macleod, noting that it’s not unheard of for labels to be 50 or 60 pages long. “They have to be very specific, but also understandable, so there are challenges.”
Denise Maurice, president of the Weed Science Society of Canada, said she has heard concerns about pesticide labels as they relate to residue carryover.
“Unfortunately I don’t think there is a lot of consistent labelling across the board,” she said. “We need to develop more precise labels and be able to back it up.”
She said she hoped the court’s decision in the Moran case will get the attention of the industry and regulators, although she added that issues of particular concern in Western Canada often get short shrift since the industry and the regulators are in Eastern Canada.
“Sometimes the western perception doesn’t hit the table, even though 78 percent of pesticide use is in Western Canada,” she said.
Pursuit is now marketed by BASF Canada, which purchased Cyanamid in 2001. BASF spokesperson Michael Schaad, who wasn’t aware of the ruling in the Moran case, said as far as he knows the label is the same now as it was then.
“I’d have to look at the situation first before I’d make a decision on anything I’d do,” he said.
The Moran case may not be the last word on Pursuit labelling. At least one other farmer, who declined to talk about his case on the record, said he is involved in a dispute about residue issues that may end up in court.
The Alberta Court of Appeal decision on the Moran case could be appealed to the Supreme Court of Canada, although Moran’s lawyer said his understanding is that won’t happen.
Officials from Wyeth-Ayerst could not be reached for comment.
