Darmar Farms filed a class action against Syngenta Canada Inc. and Syngenta AG, alleging that Syngenta’s commercialization of genetically modified (GM) corn (MIR-162, Viptera, and Duracade) led to economic losses for Canadian corn producers.
Darmar claims Syngenta’s early release of MIR-162 into the North American market, without approval from China, caused a market oversupply and price decline after China rejected imports containing MIR-162 corn.
Key Issues:
Duty of Care: The central issue is whether Syngenta owed a duty of care to Canadian corn growers, despite no direct contractual relationship, based on Syngenta’s actions that affected the interconnected corn market.
Summary Judgment Motion: Syngenta sought summary judgment to dismiss the claim, arguing no duty of care existed.
Court's Decision:
Premature Motion: The Court dismissed the summary judgment motion, citing that discovery had not yet been completed. The judge emphasized the need for full documentary and oral discovery to ensure fairness.
Existence of Genuine Issue for Trial: The judge found that there was sufficient evidence to support a possible duty of care due to the interconnected nature of the corn market and Syngenta's awareness of potential harm from premature commercialization.
Costs: The ruling did not award any monetary damages or costs to either party at this stage
Successful Party: As of this ruling, there is no final decision in favor of either party. The court dismissed Syngenta’s motion for summary judgment, allowing the case to proceed to discovery and potentially trial.
