Syngenta Corn Class Action
On September 29, 2021, the Ontario Superior Court of Justice certified this proceeding to move forward on behalf of all Canadian corn growers who priced their corn for sale after November 18, 2013. Class Members who want to participate in the class action are automatically included and need not do anything at this time. The 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. 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.
Here is the link to the decision of the Honourable Justice Rady dated September 29, 2021.
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In 2010, Syngenta began selling a genetically modified corn seed with the brand name “Agrisure Viptera”, which included a new insect-resistant genetic trait called “MIR 162”. In 2013, Syngenta began selling another genetically modified corn seed brand-named “Agrisure Duracade”, which also included MIR 162.
The Claim alleges Syngenta sold these genetically modified corn seeds in North America before it should have because they had not yet received import approval in China (one of North America’s biggest importers of corn) and failed to take reasonable steps to ensure the seed was sold in a manner that it did not contaminate the North American corn supply. The Claim alleges that China began rejecting North American corn shipments, due to the presence of these corn varieties, creating a glut of corn on the North American market, resulting in significantly decreased corn prices.
View a copy of the Claim here.
The Ontario Court of Appeal overturned Syngenta’s successful motion to dismiss the Claim on the basis it was bound to fail pursuant to the Pure Economic Loss Doctrine. The Claim is moving forward on the basis of an allegation of premature commercialization.
View a copy of the Ontario Court of Appeal decision here.
To receive updates on the Syngenta corn class action or for any inquiries with respect to this class action, please contact us directly by email or by phone at 1-800-261-4844. If corresponding by email, please include your name, your telephone number and a brief message.