TORONTO—Koskie Minsky LLP has announced that the Ontario Superior Court of Justice has certified a national class action lawsuit against Monsanto and Bayer centering on allegations that Roundup products cause non-Hodgkin’s Lymphoma (NHL). The lawsuit was commenced in December 2019. The motion for certification was heard in March 2023 by Justice Duncan Grace. The court public released its decision on December 11.
“My first reaction to this news is to cheer,” stated Paul Darlaston of Kagawong. “But the more skeptical side of me is to say that in cases like this they can bury you in lawyers. But anything that makes these companies less untouchable, the better.”
Petra Wall of Spring Bay said she recently received a letter from Canadian author Margaret Atwood through a third party indicating, “her concern that birds are dying all over because of all the insecticides and chemicals in our atmosphere.”
“I’m always concerned about these chemicals and pesticides being used,” said Ms. Wall. “Several years ago, hydro was having ditches sprayed to kill off phragmites and other vegetation. But they were doing it so indiscriminately and doing it by hand instead of mechanically. And there were no signs posted that said they were using these chemicals to spray. I even found them spraying on our property. They also sprayed over a well.”
“I helped start up a petition, which was signed by 300 people in the area, voicing concerns with the spraying of pesticides and chemicals in the environment,” said Ms. Wall. “I gave a copy with the signatures to our MPP Michael Mantha, and he took it to Queen’s Park. But after he presented this all we received was a nice form letter stating how much they appreciated the petition and bringing up the issue. We also took the petition to council for Central Manitoulin at the time, but they had no interest in calling for banning of the use of pesticides even in ditches.”
“I think it would be great if we went organic on the Island,” said Ms. Wall. “We would get more people here to enjoy the Island’s ambience and enjoy the food because they would know all the food was safe to eat.”
In certifying the lawsuit as a class action, Justice Grace noted in his reasons that a class proceeding would provide “easier access to justice” and that “it is bound to be more economical than the pursuit of multiple individual claims.” He also commented in his decision, “Lawsuits of this kind are not for the faint of heart. As is clear from the experience in the United States so far, glyphosate litigation has been hard fought.”
“That applies to this action, too,” Justice Grace said in the release. “The record before me consists of more than 17,000 pages of factual and legal material. Every aspect of the statutory test was the subject of written and oral argument. It does not appear that any expense was spared.”
The class action is brought on behalf of individuals who have been exposed to glyphosate-based products distributed and sold by the defendants, the release notes.
In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate, the active ingredient in Roundup, as “probably carcinogenic to humans.” The lawsuit alleges that the defendants either knew or should have known that significant exposure to Roundup products causes cancer, in particular, NHL. Despite this knowledge, the lawsuit alleges that the defendants continue to distribute and sell these products without providing sufficient warnings about their potential cancer risks. Additionally, the lawsuit alleges that the defendants engaged in years of deceptive practices to mislead the public about the safety of Roundup, thereby aiming to safeguard their profits, Koskie Minsky reports.
The Class is represented by Jeffrey DeBlock, an NHL survivor. Mr. DeBlock was diagnosed with NHL when he was 17 years old, after using Roundup as part of his summer job on a local farm. After his diagnosis, Mr. DeBlock went through extensive treatment, which has permanently impacted his health and qualify of life. Mr. DeBlock commenced this action to seek justice on his own behalf as well as other class members.
Mr. Darlaston said, “The European union banned the use of these herbicide chemicals, including in particular glyphosate, which was supposed to be phased out this year. However, I recently read that they have been given an extension of 10 years.”
“The certification decision is a significant milestone in our effort to hold Monsanto and Bayer accountable for the alleged harm caused by Roundup,” said Jonathan Ptak, a partner at Koskie Minsky LLP, one of the firms prosecuting the class action. “Our legal team is committed to vigorously representing Mr. DeBlock and all class members. This lawsuit is not only about seeking compensation for past wrongs but also about ensuring corporate accountability and public safety going forward. The extensive evidence presented in our certification motion underscores the gravity of the allegations and the importance of this case.”
