Ontario beekeepers launch class action against Bayer, Syngenta

The OBA is notifying Ontario beekeepers that a class action has been filed by Siskinds LLP to recover damages suffered by beekeepers due to the widespread use of neonicotinoid pesticides. If successful, beekeepers who join the Class could recover losses and damages from as far back as 2006.

The Statement of Claim alleges, among other things, that Bayer (CropScience) and Syngenta were negligent in their manufacture, sale and distribution of neonicotinoids in Ontario that caused beekeepers to suffer significant losses and damage. These losses include killed or weakened bees; non-productive queens and bee colonies; breeding stock; contaminated wax, combs and hives; reduced honey production and lost profits; costs incurred to meet honey and pollination contracts; and increased labour, equipment and supply expenses. This class action seeks to recover these losses.

“While the OBA is not directly involved in this action, we support any effort that could help beekeepers recover losses caused by the overuse of neonicotinoids”, said OBA VP Tibor Szabo, “This Action puts the blame where it belongs – on the pesticide manufacturers.”

In Ontario, neonicotinoids have been applied to 4.2 million acres, or nearly all corn seeds and 65% of soy seeds. The link between neonicotinoid use and colony losses has been confirmed by Health Canada. The Canadian Association of Professional Apiculturists reported that Ontario beekeepers lost 58% of their hives last winter, more than three times the average of the rest of Canada. According to OBA President, Dan Davidson, beekeepers are also reporting significant summer losses.

Beekeepers or companies in the business of honey production, queen bee rearing and/or pollination services who are interested in participating should contact Siskinds LLP directly via Paula Lombardi at paula.lombardi@siskinds.com or 1-877-672-2121 ext. 7878.

For a copy of the legal filing, other documents and updated information: www.ontariobee.com/classaction

Frequently Asked Questions:

Q. What is a class action? 

A:  A class action lawsuit is a legal action brought on behalf of a group of people (“class members”) who have been injured in a similar way by the same individuals or corporations. Class actions enable class members to come together and have all of their claims advanced in a single action, which reduces the litigation risk for any one person and permits the sharing of the considerable costs of litigation. In this respect, class actions work to ‘even the playing field’ between large, well-resourced companies and those affected by their actions.

Q. Who pays for this?

A.  Siskinds LLP has agreed to take this case on a contingency basis, meaning that Siskinds is only paid if a settlement or court award is achieved. Siskinds has also agreed to fund all disbursements associated with the litigation. Their fees and a reimbursement or disbursements would then be paid out of the settlement or award. In this case, Siskinds’ fee would range between 25% and 30% of the award, depending on the stage of the litigation at which the award is achieved. Any settlement reached in a class action must be approved by the court as being fair, reasonable and in the best interests of the class members, as would any fee to be paid to Siskinds for its work on the class action.

Q. What is the OBA’s role?

A.  Only individual beekeepers will be a part of the proceeding. The OBA will not be involved in any legal actions nor will it benefit from any settlement or court award.

Q.  Will this affect farmers or farm groups?

A.  No. This claim targets only Bayer and Syngenta, the manufacturers of neonicotinoid pesticides.

Q. How does a class action work?

A.  Ontario beekeepers who believe they have been affected by neonicotinoids should contact Siskinds on an individual basis. As a class member, you will not be required to take any steps until the case has been resolved either through a settlement or trial. At that stage, you may be required to prove your individual losses. Therefore, it is important that you keep good records and receipts.