Saskatchewan organic farmers are appealing a Court of Queen’s Bench ruling that denied them class certification in a proposed lawsuit against the developers of GM canola.
They claim judge Gene Ann Smith made numerous errors in her May 11, 2005 decision that prevents them from pursuing a class action suit against Monsanto Canada Inc. and Bayer Cropscience Inc., developers of Roundup Ready and Liberty Link canola.
One of the grounds for appeal is that the judge erred in concluding there was insufficient commonality among organic growers to constitute an identifiable class.
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“In making this determination she used a more stringent test than required,” stated a News release
news issued by the Saskatchewan Organic Directorate, the group co-ordinating the lawsuit.
Another reason cited for the appeal is that Smith erred in concluding a class action was not the preferable procedure for this case.
“(She) failed to give sufficient weight to the fact that a class action is the only realistic means available to organic farmers to bring their case to court, and incorrectly determined that a successful determination of the issue of liability would not affect Monsanto’s and Bayer’s future plans for GMOs,” the release said.
SOD president Arnold Taylor said organic growers are determined to have their day in court.
“Nothing has changed – I still can’t seed canola. This year conditions on my farm are perfect for putting canola into my rotation but I can’t get canola seed that is not contaminated by GMOs.”
