Roundup Class Action
This class proceeding has been commenced on behalf of all individuals resident in Canada (excluding Quebec) who have had “Significant Exposure” to glyphosate-based herbicides, commonly branded as Roundup, that were distributed and sold across Canada since 1976 by Monsanto Company and related entities.
The precise class definition has not yet been determined by the Court. We will provide a further update on our website once the class definition is ordered by the Court.
“Significant Exposure” means application of Roundup on more than two occasions in a 12-month period and more than 10 occasions in a lifetime.
The active ingredient in Roundup products, glyphosate, is a probable human carcinogen that has been associated with Non-Hodgkin’s Lymphoma. The claim alleges that the defendants knew or ought to have known that Significant Exposure to Roundup products cause cancer; the defendants distributed and/or sold Roundup products anyway; the defendants failed to warn users and the public about those cancer risks. Instead, the defendants engaged in years of bad faith activities to sow confusion and doubt in the public about the state of the science on Roundup in order to preserve and grow their profits.
If you have used Roundup, please call 1-833-630-1783 or email roundupclassaction@kmlaw.ca.
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Latest Developments
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December 12, 2023
We are pleased to announce that on December 8, 2023, the Ontario Superior Court of Justice certified the action as a class action. A copy of the certification decision can be found in the Documents section.
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July 19, 2023
The Certification Motion was heard by Justice Grace in London, Ontario on March 28-30, 2023. The Court reserved its decision, and as such, the parties are still awaiting a decision.
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April 25, 2022
The Parties have exchanged all the evidence and their written submissions in support of the certification motion. The certification motion, which was initially scheduled to be heard on April 5-7, 2022 was rescheduled by the court to March 28-30, 2023.
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March 23, 2021
The Court recently ordered that the parties comply with the litigation timetable. A copy of the timetable can be found here.
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March 9, 2021
The Plaintiff has served an amended statement of claim. The amendments change the definition of “Significant Exposure” to mean “application of Roundup on more than two occasions in a 12-month period and more than 10 occasions in a lifetime.” A copy of the amended statement of claim can be found here.
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January 8, 2021
The certification hearing is scheduled for September 20, 2021
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February 24, 2020
Carriage hearing
Justice Grace of the Superior Court of Justice in London, ON appointed Koskie Minsky LLP along with McKenzie Lake Lawyers LLP and Merchant Law Group as class counsel in Ontario. The Court set September 20-22, 2021 as the dates for a hearing on whether the case should be certified to go forward as a class proceeding. A Fresh as Amended Statement of Claim can be found here.
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December 20, 2019
The Statement of Claim in this action has been issued, and can be found here.
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December 12, 2023
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Telephone: 1-833-630-1783
Email: roundupclassaction@kmlaw.ca
