Monsanto Canada Inc.

Monsanto Canada Inc.

December 13, 2007 10:43 ET

Supreme Court of Canada Denies Leave to Appeal in Saskatchewan Organic Case

WINNIPEG, MANITOBA--(Marketwire - Dec. 13, 2007) - The Supreme Court of Canada has denied the application for Leave to Appeal in the case of Larry Hoffman, L.B. Hoffman Farms Inc. and Dale Beaudoin vs. Monsanto Canada and Bayer CropScience Inc. The decision was released today by the Supreme Court of Canada.

This case was launched back in January 2002 and although there are two named appellants in the case - Hoffman and Beaudoin - the case is actually driven, and financially resourced, by the Saskatchewan Organic Directorate's Organic Agriculture Protection Fund.

The Saskatchewan Organic Directorate (SOD) and its supporters were attempting to pursue a Class Action suit against Monsanto Canada and Bayer Crop Science for what they claim to be harm caused to the organic industry as a result of the introduction of genetically modified (GM) canola. The first step in doing so was to obtain Class Action certification but the group had already failed on two previous attempts in the lower courts. A May 2, 2007 decision issued by the Court of Appeal for Saskatchewan upheld the decision of the Court of Queen's Bench, Saskatchewan that denied the group Class Action certification noting, "the case was replete with weakness in every respect."

With the decision by the Supreme Court of Canada to deny Leave to Appeal, this exhausts all legal avenues for the case, as constructed, to gain Class Action certification and proceed to trial.

"We are obviously satisfied with the Supreme Court's decision to deny Leave to Appeal," said Trish Jordan, Monsanto Canada spokesperson. "We have always maintained that the claims made by this group lacked merit and that they failed to meet any of the required criteria for certification. It is gratifying to see the Supreme Court of Canada support the strongly worded decisions of the lower courts."

Chronology of Events in SOD Class Action attempt

Jan. 2002 The Saskatchewan Organic Directorate (SOD) announces they
are going to sue Monsanto and Bayer for harm caused by
introduction of GM Canola.

Nov. 1-2, 2004 First Court date hearing in group's attempt to have their
suit brought as a Class Action claim.

May 11, 2005 Judgment from Queens' Bench Court of Saskatchewan denies
the group certification status saying they failed to meet
any of the 5 required criteria for certification as
outlined in the Class Actions Act.

May 25, 2005 SOD announces they will appeal. Press release quotes the
Chair of SOD's Organic Agriculture Protection Fund as
saying "We want our day in court!"

Aug 30, 2005 Court grants Leave to Appeal.

Oct 30, 2006 Application for Intervention in Appeal Hearing filed by
Friends of the Earth and Saskatchewan Environmental
Society filed.

Nov 23, 2006 Court of Appeal denies application to intervene filed by
the above mentioned groups. Dates previously set for
Appeal Hearing remain in place.

Dec 11, 2006 Appeal Hearing begins.

May 02, 2007 Saskatchewan Court of Appeal releases judgment dismissing
appeal. The Court of Appeal held that "the case was replete
with weakness in every respect."

Aug 02, 2007 SOD announces they seek Leave to Appeal to the Supreme
Court of Canada.

Dec 13, 2007 Supreme Court of Canada denies application for Leave to

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