The Star Phoenix (Saskatoon)

June 27, 2002

Court to hear appeal in organic crop lawsuit

BY Angela Hall

REGINA -- A legal question that's part of a bigger court battle between Saskatchewan 
organic farmers and two major companies will be settled by the province's Court of Appeal.

Justice Calvin Tallis ruled Wednesday that Monsanto Canada and Aventis CropScience 
can appeal a decision that required them to file statements of defence in a claim 
brought against them by two organic farmers.

Arguments will be heard in Saskatoon sometime this September. Larry Hoffman of Spalding 
and Dale Beaudoin of the Maymont area have launched a suit that claims genetically 
modified canola sold to farmers by Monsanto and Aventis has cross-pollinated with 
conventional canola, making organic canola impossible to sell because of contamination.

Last month, Justice Gene Ann Smith ruled that the companies should file statements 
of defence, but allowed them to delay addressing the class-action lawsuit that the 
claim could turn into.

In a Court of Appeal hearing Wednesday, Monsanto's lawyer Gordon Kuski said Smith's 
ruling essentially required them to file two statements of defence -- one right 
away and then another if the court allows the suit to proceed as a class-action 
on behalf of some 1,000 organic growers in Saskatchewan.

They want to appeal her decision so they can wait until they know if it is a 
class action before they file defences, he said.

Terry Zakreski, the lawyer representing the organic farmers, argued his clients 
should be allowed to see statements of defence from the companies before they 
file to have the suit certified as a class-action.

The issue is a new one for Saskatchewan courts to consider because the Class 
Actions Act just came into effect in the province this year, Tallis noted.

A ruling from the Court of Appeal on when statements of defence should be filed 
will help settle the point in future class-action lawsuits in Saskatchewan, he said.