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32135

Larry Hoffman, et al. v. Monsanto Canada Inc., et al.

(Saskatchewan) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2007-12-18 Close file on Leave
2007-12-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-12-14 Judgment on leave sent to the parties
2007-12-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1148, 2007 SKCA 47, dated May 2, 2007, is dismissed without costs.
Dismissed, without costs
2007-10-09 All materials on application for leave submitted to the Judges, Ba Abe Cha
2007-09-07 Applicant's reply to respondent's argument, Completed on: 2007-09-07 Larry Hoffman
2007-08-29 Book of authorities Bayer Cropscience Inc.
2007-08-29 Respondent's response on the application for leave to appeal, Completed on: 2007-08-29 Bayer Cropscience Inc.
2007-08-29 Respondent's response on the application for leave to appeal, Completed on: 2007-08-29 Monsanto Canada Inc.
2007-08-02 Letter acknowledging receipt of a complete application for leave to appeal
2007-08-01 Book of authorities Larry Hoffman
2007-07-31 Application for leave to appeal, Completed on: 2007-08-02 Larry Hoffman

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Hoffman, Larry Applicant Active
L.B. Hoffman Farms Inc. and Dale Beaudoin Applicant Active

v.

Main parties - Respondents
Name Role Status
Monsanto Canada Inc. Respondent Active
Bayer Cropscience Inc. Respondent Active

Counsel

Party: Hoffman, Larry

Counsel
Name
Terry J. Zakreski
Contact information
Stevenson Hood Thornton Beaubier LLP
500, 123 2nd Avenue South
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 244-0132
FAX: (306) 653-1118
Email: tzakreski@shtb-law.com

Party: L.B. Hoffman Farms Inc. and Dale Beaudoin

Counsel
Name
Terry J. Zakreski
Contact information
Stevenson Hood Thornton Beaubier LLP
500, 123 2nd Avenue South
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 244-0132
FAX: (306) 653-1118
Email: tzakreski@shtb-law.com

Party: Monsanto Canada Inc.

Counsel
Names
Gordon J. Kuski, Q.C.
Richard W. Danyliuk, Q.C.
Contact information
McDougall Gauley
700 Royal Bank Building
2010 - 11th Avenue
Regina, Saskatchewan
S4P 0J3
Telephone: (306) 757-1641
FAX: (306) 359-0785
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Bayer Cropscience Inc.

Counsel
Names
Robert W. Leurer, Q.C.
Jason W. Mohrbutter
Contact information
MacPherson Leslie & Tyerman
1500 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8441
FAX: (306) 352-5250
Email: RLeurer@mlt.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Procedural law - Civil procedure - Parties - Class actions - Certification - Common interests - Members of class - Representative action - What is the potential liability of biotechnology companies for harm caused by genetically modified crops ? How should environmental class actions be certified? What is the certification criteria under the Class Actions Act, S.S. 2001, c. C-12.01?

The applicants, Hoffman et al., are organic grain farmers. In the 1990s, each of the respondents, Monsanto et al., introduced genetically modified strains of canola with the endorsement of the Canadian government which had approved the unconfined release in Canada of these strains of canola. Hoffman et al. maintained that they suffered financial loss arising from the introduction and commercial use of the respondents’ strains and alleged that Monsanto et al. were liable on the basis of negligence, nuisance, trespass and various environmental statutes. The action, while it was in the names of Hoffman et al., was in fact driven by the Saskatchewan Organic Directorate–Organic Agricultural Protection Fund.

Lower court rulings

May 11, 2005
Court of Queen’s Bench of Saskatchewan

67, 2005 SKQB 225

see file / voir dossier

May 2, 2007
Court of Appeal for Saskatchewan

1148, 2007 SKCA 47

see file / voir dossier

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27