Bourgault Industries, one of the Prairies’ largest equipment manufacturers, has launched a lawsuit against the federal government and two researchers who publicly complained how Bourgault used their research data.
The statement of claim filed in Saskatchewan’s Court of Queen’s Bench is against Guy Lafond, an Agriculture Canada research scientist at Indian Head, the attorney general of Canada, representing Agriculture Canada, the Prairie Agricultural Machinery Institute and Gordon Hultgreen, an agronomist at PAMI.
The statement of claim said Lafond and Hultgreen were critical of Bourgault and called the company’s credibility into question. The claim also said the researcher’s comments were made “deliberately and with malice” and that the researchers favoured Bourgault’s competitors.
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“The false comments and statements disparaged Bourgault’s products, property and business. The false comments and statements had the effect of promoting the interests of Bourgault’s competitors, at cost to Bourgault,” said the claim, which is an unproven statement from the claimant.
The matter began when PAMI and Agriculture Canada compared Bourgault’s mid-row band and the Flexi-Coil Stealth side-band systems in wheat, canola and flax in four Saskatchewan sites over three years. The research report, published in October 2003, concluded that both systems of nitrogen fertilizer management are similar in terms of performance and were excellent choices for the one pass seeding and fertilizer system.
In canola, at one site-year, the test favoured Bourgault’s mid-row system. In the report, researchers said the seed yield was related to an error when canola in the side-band system was seeded too shallow, which caused a delayed seeding effect, and that was not due to nitrogen management.
When Bourgault advertisements claimed the research proved side banding reduced canola plant stands and yield in a dry year, the researchers objected.
An article signed by Lafond and 10 other prairie researchers in the Saskatchewan Soil Conservation Association spring newsletter in 2006 highlighted the research results and explained experimental errors. The researchers also publicly questioned Bourgault’s advertising campaign in a Western Producer article.
The statement of claim said the publications and communications were made maliciously to damage Bourgault and its reputation, and to serve the interests of competing manufacturers of competitive seeding systems.
Bourgault filed its statement of claim February 2008. Gerry Bourgault, of St. Brieux, Sask., said he couldn’t comment on the lawsuit until later in the week after the funerals for five girls and a woman from St. Brieux, who were killed in a car crash last week.
“It’s not a simple case. It takes a bit of time to focus on it,” said Bourgault.
Lafond said he’s been told by senior government officials not to comment on the lawsuit.
“I can’t say anything. I’ve been told not to say anything,” said Lafond.
Hultgreen was unavailable for comment.
Jim Halford, who invented the ConservaPak zero tillage system, is worried the lawsuit will send a chill over researchers when they publish or discuss information.
“I think farmers should be very concerned. There is getting to be less and less sources of information available that’s any ways independent. If all they’ve got to rely on is what companies advertise, then you’re in a very bad predicament,” said Halford.
He recently sold his ConservaPak zero tillage system to John Deere.
Through his years conducting research trials on his southern Saskatchewan farm and at research stations, Halford said he was careful to question data that seemed like a one-year anomaly, or if researchers admitted a research error.
“I worry about farmers. They need access to good, clear, honest information. If researchers are going to have this kind of stuff hanging over their head, it’s going to be ridiculous,” he said.
Stephen Morgan-Jones, director general of science partnerships with Agriculture Canada in Lethbridge, said the lawsuit wouldn’t affect researchers publishing and commenting on controversial research.
“The legal suit that Guy Lafond is under has absolutely no impact on the research programs continuing as normal. It’s not going to be changed in any way. The research programs will continue unaffected by this.”
Morgan-Jones said agriculture researchers do their work according to professional standards and their results are peer reviewed in science journals.
“We continue to stand by that process that is an effective process. We will continue to conduct our research under the same research standards as would any other reputable research organization,” he said.
Morgan-Jones said the lawsuit should not have an impact on Lafond or other scientists openly talking to reporters or farmers about the research.
Bourgault is asking for an injunction against Hultgreen and Lafond from commenting further, apologies for previous publications, general damages and damages for lost revenue and profits.
