A landmark court hearing that pits organic growers against the makers of genetically modified canola has been postponed.
Members of the Saskatchewan Organic Directorate were set to duke it out with Monsanto Canada Inc. and Bayer CropScience Inc. in a Sept. 14-15 trial that would determine whether the growers had the grounds to launch a class action suit.
They are seeking damages from the two biotechnology companies for the introduction of GM canola, which they claim has destroyed markets for organic canola.
But that hearing has been delayed until sometime in November or December at the behest of the defendants.
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Lawyers for Monsanto and Bayer requested the additional time to respond to changes in the statement of claim filed by Terry Zakreski, lawyer for Larry Hoffman and Dale Beaudoin, the two Saskatchewan farmers attempting to launch the class action.
The original statement of claim was filed with the Court of Queen’s Bench in Saskatoon nearly three years ago, on Jan. 10, 2002.
“Monsanto is doing everything in their power to duck and dodge us, but we’re coming,” said Zakreski.
Monsanto spokesperson Trish Jordan said the postponement isn’t the fault of the defendants.
“It was Mr. Zakreski who at the 11th hour resubmitted new materials, new amendments, new arguments. We didn’t have anything to do with the delay.”
She also responded to comments made by University of Saskatchewan law professor Martin Phillipson that the organic growers shouldn’t have any problem getting their claim certified by the court as a class action suit.
Jordan said Monsanto’s legal team will argue the growers’ case doesn’t meet any of the requirements for certification and should be dismissed.
“We believe we have a strong case to say that this is probably not an appropriate use of the court’s time.”
