Roundup
Roundup
Downloadable files:
Application for authorization to institute a class action and to obtain the status of representative
Motion for a stay of proceedings (French version)
Judgment on the stay of proceedings (French version)
May 15th, 2023 Update
The hearing of the request for certification of the national scope class action in Ontario took place from March 28th to 30th, 2023.
The judge has taken the request under advisement and we are awaiting the judgment to be rendered.
A further update will be provided upon receipt of the judgment regarding the national class action lawsuit.
March 1st, 2023 Update
The Quebec file remains stayed pending the decision on the request for certification of the national scope class action. The Quebec judge is regularly informed about the file.
The hearing of the request for certification of the national scope class action in Ontario is still scheduled to take place on March 28, 2023 to March 30, 2023.
A next update will be made after the hearing in Ontario.
If you wish to be added to our Quebec class action mailing list, we invite you to fill out the Information Collection Form available on our website and send it to us at the following address: actioncollective@dlblegal.ca
July 11th, 2022: Update
The stay of Quebec's proceedings is still in effect until a final decision on the certification is rendered in the file of national scope. Developments should occur in the file of national scope over next year (2023), for the following reasons.
The hearing regarding the file of national scope that was set for April 2022 was postponed for reasons out of the control of the parties. The hearing is now set to take place from March 28th to March 30th, 2023, in Ontario. We will have the occasion to make further updates regarding this hearing at which we will be present.
We will follow the developments closely regarding other class actions against Monsanto or Bayer concerning Roundup® product. However, you must understand that our main goal is to concentre our efforts on the file of national scope.
June 1st, 2021: Update
The stay of Quebec's proceedings is still in effect until a final decision on the certification is rendered in the file of national scope.
The file of national scope is progressing according to the timetable set by the judge in charge of this file. The hearing is now scheduled for April 2022.
December 22nd, 2020: Update
The judge granted the stay of Quebec's proceedings until a final decision on the certification is rendered in the file of national scope. We will keep you informed of developments, from time to time.
You will find above a downloadable version of the judgment in French.
December 1st, 2020: Update
This update contains important information. Please read carefully. This does not constitute a legal opinion.
As you are aware, several lawsuits have been filed in various Canadian provinces concerning the Roundup product. Discussions have taken place between the various representatives of these lawsuits in order to bring together several Canadian residents under a single class action of national scope.
We would like to inform you that we have recently joined a consortium of Canadian law firms in order to present a common front against the defendants. The consortium's objective is to ensure that prosecutors join forces to advance the file of national scope. The hearing of the Certification of Motion of the national file has already been scheduled for September 2021.
Under the rules of Québec legislation, the court must conduct a case-by-case analysis to determine whether the criteria necessary to obtain a stay application on account of a file of national scope are met. This Stay Application will be heard in Québec on December 14th, 2020.
In the event that the Court grants the Stay Application, we will participate in the proceedings of the file of national scope.
Please find above a link allowing you to download the Stay Application filed in the Superior Court record on December 1st 2020. (French version only)
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At the hearing, the judge will have to determine whether the group targeted by the Québec class action will be modified to read as such:
“All individuals resident in Quebec who were diagnosed with non-Hodgkin’s lymphoma after having used and/or been exposed significantly to Roundup® between 1976 and the date of the judgment authorizing this class action, their successors and the members of their family, including all individuals who are a living spouse, common-law spouse, child, grandchild, parent, grandparent or sibling of these individuals.”
For the purposes of the Application for Authorization, the suggested definition of the term "significantly" is as follows, which is subject to approval by the judge at the time of authorization:
“Use of or exposure to Roundup on two or more occasions in a 12-month period, where the total volume of Roundup exceeded 500 milliliters during at least one of those occasions.”
You can also find above a downloadable version of the Re-Amended Application for Authorisation to Institute a Class Action as a draft version.
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Frequently Asked Questions:
1) Will the case be settled out-of-court?
There is no guarantee in this regard. It is always a possibility that an out-of-court settlement in the file of national scope may be reached with the defendants.
2) Do I have to keep my medical information?
Yes, we recommend that you keep your medical file, as well as any proof of expenses related to your health situation, if applicable.
3) Will we be kept informed of developments in the file of national scope?
Yes, as we will be involved in the national proceedings, we will keep you informed of developments, from time to time, through our website. Please be aware that significant delays may occur.
4) When is the next step in the national file due?
Preliminarily, the hearing on the Certification of Motion of the file of national scope is currently scheduled for September 2021 in Ontario. We will provide you with additional information on this subject in the summer of 2021 at the latest.
June 25th, 2020: Update
A public announcement of settlements, subject to approval by US courts, has been made by Bayer Inc. regarding litigation files in the United States of America, including those relating to the product known as "Roundup".
The Canadian procedures initiated by the filing of class actions to obtain compensation including Quebec members continue.
It is relevant to mention that the settlement of a class action, approved by the Court, is often the best solution for all the parties.
We will keep you informed of the developments regarding this matter.
For any questions relating to this class action, please contact Me Marie-Pier Smith
March 27th, 2020: Update
We wish to inform you of the following developments.
The legal proceedings in the other provinces are also beginning. It is possible that a request would be granted to define a group of Canadian class members that would meet more strict conditions to take into consideration the evidence to be filed before the Court in such cases.
Also, we are perfectly aware that several members are confronted to a difficult medical condition.
We will keep you informed of the developments regarding this matter.
January 31th, 2020: Update
The application for autorisation to institute a class action was recently modified in order to enlarge the group to now include the family members of all individuals resident in Quebec who were diagnosed with non-Hodgkin’s lymphoma after having used and/or been exposed to Roundup® between 1976 and the date of the judgment authorizing this class action, including all individuals who are a living spouse, common law spouse, child, grandchild, parent, grandparent or siblings of the victims.
Future developments are expected to take place in late spring.
December 19th, 2019: Update
The judge held recently a case management hearing.
One of the topics was the effect of the many class actions filed in other provinces.
We wish to inform you that further development will happen at the end of spring 2020.
October 2nd, 2019: Update
The service of the proceedings have been completed against all defendants. We expect that the next developments take place at the end of this fall.
We have received a great number of information collection forms.
We will proceed, on October 15th, to sending an acknowledgment of receipt to the persons who have sent us a form.
In the event that you do not receive said acknowledgment of receipt, we would appreciate that you please contact Mtre. Smith from our firm.
July 30th, 2019: Update
The class action is still in the preliminary stages. We do not expect any significant development until fall 2019.
The information collection form should be available for download on our website in August 2019. We are counting on your cooperation to complete it.
May 29th, 2019: Update
On May 21st 2019, our firm has filed a class action at the provincial level against Monsanto Canada ULC, Monsanto Company and Bayer Inc. regarding their responsibility arising from the sale of Roundup®.
The class action aims to compensate "all individuals resident in Quebec who were diagnosed with non-Hodgkin’s lymphoma after having used and/or been exposed to Roundup® between 1976 and the date of the judgment authorizing this class action and their successors".
An amount of 10 000 000$ is claimed for punitive damages against the above-mentioned companies, sum to which must be added all damages, yet to be determined, suffered by each member of the class action.
If you believe to be part of the group and you wish to be registered on the mailing list to receive all important communications regarding the class action, please fill out the information collection form which will be available shortly. Please note that you are not required to fill out the form to be part of the class action group.
We will periodically publish updates on our web site concerning the ongoing process of the class action in order to keep you informed.
Please communicate with actioncollective@dlblegal.ca for any questions regarding this class action.
