LONDON, ON, - In December 2015, a class proceeding was commenced seeking damages against Syngenta Canada Inc. and Syngenta AG (collectively "Syngenta") alleging that Syngenta prematurely commercialized its Viptera and Duracade corn seeds containing a genetically modified trait (MIR-162) prior to obtaining full important approval from China. The action alleges that subsequent to the commercialization, on November 18, 2013, China rejected North American corn imports creating a glut of corn on the North American market which resulted in significantly depressed corn prices.
On September 29, 2021, the action was certified as a class action by the Ontario Superior Court of Justice on behalf of a class of "all Canadian corn growers (excluding those in Quebec) who priced their corn for sale after November 18, 2013". Darmar Farms Inc. was appointed as the representative Plaintiff. This means that the action will proceed as a class action. The court has not ruled on the merits of the claims made by the class and the class has the burden of proving all allegations in court.
McKenzie Lake Lawyers LLP of London, Ontario is Class Counsel representing the Plaintiff and all Class Members.
Class Members who fall within the class definition and want to participate in the class action are automatically included and need not do anything at this time. The Ontario Class Proceedings Act provides that no Class Member, other than the representative class member, will incur liability for legal costs if the action is dismissed.
Class Members who fall within the class definition and do wish to opt-out of participating in the class action must complete an opt-out form by April 25, 2023. Each Class Member who does not opt out of the class action will be bound by the terms of any judgment or settlement and will not be allowed to pursue or continue an independent action with respect to these issues. If the class action is successful, Class Members may be entitled to share in the amount of any award or settlement recovered.
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