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)
Judgment authorizing the national case (in English only)
Motion for a stay of proceedings 2024-05-29 (French version)
Judgment on the stay of proceedings 2024-06-10 (French version)
June 26th, 2024 Update
The judge has granted the suspension of the Quebec case for a duration of one year, until June 10, 2025.
New updates will be provided from time to time. You will find a downloadable version of the judgment above.
May 29th, 2024 Update
Considering the authorization to proceed with the class action in the national case granted by Judge J. Grace in Ontario (see our last update), we will ask the judge responsible for the Quebec case to pronounce a new stay of proceedings of the Quebec case for a duration of one year. This stay will again allow us to follow the developments of the national case and keep the Quebec court informed of these developments.
Hereafter you will find a link to consult the motion for a stay of proceedings. We will publish a new update on our website following the hearing of the motion.
The motion for a stay of proceedings will be presented in Quebec on June 7 2024.
In the event that the Court grants the stay, we will continue to participate in the proceedings of the national case.
We invite you to regularly consult our website to be informed shortly of the developments in the national case.
March 11th, 2024 Update
The hearing for the authorization of the national class action case took place from March 28 to 30, 2023, in Ontario.
A judgment was recently rendered by the Honorable J. Grace to authorize the continuation of the class action. You can consult the judgment by clicking on the following link. (Judgment). Please note that the judgment is available only in English.
For your information, the proposed group in Ontario is described as follows:
“a) All individuals in Canada who have had Significant Exposure to Roundup;”
and
“b) All individuals in Canada who are the living spouse, child, grandchild, parent, grandparent, or sibling of a Non-Hodgkin’s Lymphoma Class Member.”
The Ontario judge also approved the definition of “Significant exposure” as: “Application of Roundup on more than two occasions in a 12-month period and more than 10 occasions in a lifetime.”
Regarding the case in Quebec, we will keep the Quebec judge informed of the developments in the national case. We will publish a new update when significant developments occur in the Quebec case.
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.
Downloadable files:
Application for authorization to institute a class action
Judgment – stay of proceedings
Judgment – authorization dismissed
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September 30th, 2020: Update
The file is closed.
March 26th, 2020: Update
The motion was presented to the judge regarding the approval of the right to file a class action.
We will keep you informed of the judgment to be rendered.
May 29th, 2019: Update
Following the hearing on January 22nd 2019 regarding Samsung’s motion for permission to adduce evidence against the application for authorization to institute a class action and to examine the group representative, the judge allowed Samsung to examine the representative solely on the alleged damage and the recall procedure. The judge also allowed us to examine a Samsung representative.
Therefore, on April 5th, we have proceeded to the examination of the Samsung representative and of the group representative.
We will keep you informed of the next audition date and next steps shortly.
December 19th, 2018: Update
Samsung desire to examine the proposed class representative and to adduce evidence. There will be a hearing on January 22nd 2019.
June 29th, 2018: Update
The judge has extended the stay of Quebec’s proceedings until September 4th, 2018 pending the judgment to be rendered in the Ontario proceedings.
April 15th, 2018: Update
The Ontario certification proceedings will be held April 17th to April 19th. We will be present at Court.
A new update will be published following the proceedings.
February 17th, 2018: Update
The judge granted the stay of Quebec’s proceedings until April 3oth, 2018 because of the Ontario proceedings to be held next April. A new update will be published in the first week of May following the management conference already scheduled May 1st, 2018.
You will below a downloadable version of the judgment in French.
Judgement – stay of proceedings
December 19th, 2017: Update
A case management conference was held concerning the next steps.
The Samsung’s lawyers will file a motion for a stay of proceedings in Quebec to analyze the progress in the Ontario file.
The hearing will be held on February 2nd, 2018.
June 20th, 2017: Update
Please complete and return the information form hereunder fully filled at the following email address: actioncollective@dlblegal.ca.
May 22nd, 2017: Update
The judge granted a stay of the file until September 8th. In other words, we will use the delay to gather more additional evidence.
The next update will be at the end of September.
Have a great summer.
April 11th, 2017: Update
A judge of the Superior Court will hold in the near future a case management hearing to decide the next steps regarding the proceedings.
We ask you to keep all the evidence regarding your purchase.
We will post in the near future a link to forward the information regarding the class action.
We will keep you posted
July 30th, 2019: Update
On June 25th, the judge rendered a judgment that ended the class action.
You can view the judgment by clicking on the following link : Jugement de clôture.
May 29th, 2019: Update
The period for collecting the amount to which the class members are entitled has now ended, an application for a final judgment will be filed to the Court in the near future in order to put an end to the class action. Canada Post has confirmed to us, that all submitted and valid claims have been paid.
September 6th, 2018: Update
We remind you that the period to obtain the recovery of the amounts to which members of the group are entitled will expire on September 13th, 2018. If you are a member and did not make a claim, we encourage you to continue to have your rights recognized in the manner authorized by the Court in order to recover the amount to which you are entitled.
February 27th, 2018: Update
Some members recently contacted us in order to know the payment delays arising from the recovery process. Considering the aforementioned, we asked Canada Post’s attorneys for details regarding the payment delays. We will publish a new update when we will have more information to this effect.
In the event that you made a claim for recovery and that you are still unpaid after March 15, 2018, we invite you to send us a detailed email including your contact information, the date that you sent your complaint and the details regarding the proof of purchase sent.
December 12th, 2017: Update
We were informed today by Canada Post attorneys that many checks were issued last week. Moreover, some members confirmed to us to have received payment.
We encourage you to continue to have your rights recognized in the manner authorized by the Court in order to recover the amount to which you are entitled.
November 15th, 2017: Update
We have recently received several inquiries from members of the group regarding payment delays arising from the recovery process.
Given the fact that Canada Post is the sole manager of this process, we have sent the content of your inquiries to their attorneys. We will inform you as soon as an answer is known.
We encourage you to continue to have your rights recognized in the manner authorized by the Court in order to recover the amount to which you are entitled.
August 28th, 2017: Update
On August 22nd, 2017, a judgment was rendered with regards to the notice to the members informing on the terms of recovery. This notice explains the procedure for the group members to obtain the recovery of the amounts to which they are entitled. The notice authorized by the Court will be published during the week starting September 11th, 2017 in the following newspapers: Journal de Quebec, Journal de Montreal, Cyberpresse and The Gazette.
Here is a copy of the judgment and the notice:
– Judgment and notice
We encourage you to exercise your rights in the manner authorized by the Court.
August 3rd, 2017: Update
A preliminary hearing was held by the judge regarding the notice. A second is scheduled on August 22nd.
The notice will be issued at the latest in early September with all the relevant information.
April 20th, 2017: Update
Here is a copy of the judgments rendered by the judge. The judgments were drafted in french.
The judge approved the settlement.
We will update the site in order to inform the members about the process regarding the indemnity payable.
April 11th, 2017: Update
We are still waiting to receive the judgment from the judge regarding the Transaction. The judge will decide if a transaction was concluded?
We will keep you informed
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