CLASS ACTION CERTIFIED AGAINST SYNGENTA CANADA INC. AND SYNGENTA AG

LONDON, ON, Feb. 24, 2023 /CNW/ - 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.

All information and documents related to the class action, including the Notice of Certification, are included at the following link: https://www.mckenzielake.com/syngenta-corn/

 

SYNGENTA CORN SEED CLASS ACTION   NOTICE OF CERTIFICATION
To all persons:	All corn growers in Canada (excluding those in Quebec) who priced their corn for sale after November 18, 2013 ("Class Members").
Class Action Lawsuit	In December 2015, a class proceeding was filed 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, namely MIR-162, prior to obtaining full import approval from China. The action alleges that subsequent to the commercialization, on November 18, 2013, China rejected North American corn imports.  This class action seeks damages for all corn growers in Canada (excluding those in Quebec) who priced their corn for sale after the November 18, 2013 Chinese rejection and the resulting alleged market decline.  McKenzie Lake Lawyers LLP represents the Plaintiff and Class Members.
Certification	On September 29, 2021, the action was certified by the Honourable Justice Rady of the Ontario Superior Court of Justice on behalf 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.     As part of the certification, the Court found that several disputed issues are common to all Class Members and therefore can be tried on behalf of all Class Members.  These common issues include the following: Whether Syngenta owed a duty of care to the Class to use reasonable care in how it commercialized the genetically modified seeds; Whether Syngenta breached that duty of care; Whether any alleged  failure to meet the standard of care caused a negative impact on the price of corn; and If any breaches are found, whether Class Members are entitled to damages. Certification is a procedural step. There has not been any determination on the merits. The fact that the claim was certified and this notice does not mean that the Court has taken a position as to the likelihood of recovery on the part of any class member, or as to the merits of the claims or defences asserted by either side.  The claims must be proven in Court.  Syngenta denies these claims.
Participation in Class Action	Class Members who 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.  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.
Opting Out	Class Members who do not wish to participate in the class action must opt out. A Class Member who opts out will not be bound by any result in the class action.  If you wish to pursue or continue to pursue an individual action against Syngenta with respect to this issue, then you must opt out of the class action.  If you would like to opt out of the class action, you must complete and return the opt-out form by April 25, 2023.   A copy of the opt-out form can be obtained at https://www.mckenzielake.com/syngenta-corn/or by contacting Class Counsel using the telephone number or e-mail address listed below.   No person may opt out a minor (person under 18 years of age) or a mentally incapable Class Member without permission of the Court after notice to The Children's Lawyer and/or the Public Guardian and Trustee, as appropriate.   A Class Member who opts out will not be entitled to participate in the class action.  Their right to pursue a claim in a separate proceeding will not be affected.

 

This Notice was approved by order of the Ontario Superior Court of Justice.

SOURCE McKenzie Lake Lawyers LLP

Questions? The court offices are unable to answer any questions about the matters in this Notice. If you have any questions regarding this notice or about the class action in general, information is available on Class Counsel's website at www.mckenzielake.com or by contacting Class Counsel directly, as follows: McKenzie Lake Lawyers LLP, Toll Free Tel: [phone], Email: [email protected]