A judge has given Saskatchewan organic farmers the go ahead to appeal a court decision denying them a class action lawsuit.
The farmers want to sue Monsanto Canada and Bayer CropScience for compensation for losses they say they incurred because of the introduction of genetically modified canola. All farmers certified since 1996 would be included in the action.
In May, Queen’s Bench judge Gene Anne Smith denied their application for class action certification, saying they didn’t meet all the required prerequisites.
On Aug. 29, appeal court judge S.J. Cameron granted leave to appeal that decision.
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In his written decision, he said he was “satisfied the proposed appeal raises some comparatively new and potentially controversial points of law, that it transcends the particular in its implications, and that it is of sufficient importance to the practice pertaining to this subject to warrant attention by this court.”
Cameron wrote that the issue of whether Smith applied an excessively rigorous standard for class certification under section six of the Class Actions Act should be considered by the Court of Appeal.
The section includes five prerequisites and all must be satisfied for an action to be certified. The legislation was only recently enacted, he wrote, and Smith’s decision is the most comprehensive application of section six so far.
“It stands as the seminal authority in the province on class actions,” Cameron wrote. “Without suggesting that justice Smith’s decision is in any respect flawed, I do believe her appreciation and application of the prerequisites of section six raises some issues of sufficient importance generally to warrant consideration by this court.”
An appeal date has not yet been set.
In a News release
news, plaintiff Larry Hoffman said he was encouraged by the decision. As an individual, he could not take on large companies.
“But if we can join together in a class action, our combined strength can make it possible to hold these companies accountable for their actions.”
Dale Beaudoin, the other plaintiff, said the decision means the fight can continue for more than 1,000 organic farmers.
