Gardeners across Canada may want to pay close attention to a major legal development that could impact both their health and their rights. The Ontario Superior Court of Justice has officially certified a national class-action lawsuit against the makers of Roundup, a widely used glyphosate-based herbicide. This case could have far-reaching implications for individuals who have had significant exposure to the product.
The lawsuit targets Monsanto Canada ULC (now operating as Bayer CropScience Inc.), Monsanto Company, and Bayer Inc., all of which are tied to the distribution and marketing of Roundup in Canada.
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Allegations: Cancer Risk from Glyphosate Exposure
Non-Hodgkin Lymphoma at the Center of the Lawsuit
The core allegation of the lawsuit is that prolonged exposure to Roundup and similar herbicides may lead to Non-Hodgkin Lymphoma (NHL)—a serious form of cancer affecting the blood, bone marrow, and lymphatic system.
The plaintiff, who serves as the representative in the class action, claims he was diagnosed with NHL in 1995 at just 17 years old. He believes his exposure to glyphosate is directly responsible for his illness and ongoing health challenges.
Failure to Warn and Alleged Misrepresentation
According to court filings, the lawsuit also claims the companies involved misrepresented the safety of glyphosate to consumers and failed to issue adequate warnings about the potential health risks. The plaintiff’s legal team argues that had the public been properly informed, many might have chosen to avoid the product altogether.
The companies named in the lawsuit strongly deny the allegations. In a joint statement, the defendants maintain that Roundup does not cause Non-Hodgkin Lymphoma, referencing their ongoing commitment to product safety and scientific research.
What the Lawsuit Seeks
The lawsuit demands compensation for both individual harm and broader punitive measures:
- $1 billion in non-pecuniary damages – for pain, suffering, and emotional distress
- $100 million under Ontario’s Family Law Act and similar laws across Canada – for affected family members
- $100 million in punitive damages – aimed at punishing the companies for alleged wrongdoing
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Who Can Join the Class-Action Lawsuit?
Eligibility Criteria for Participation
This class action automatically includes individuals across Canada who meet the following criteria:
- Experienced significant exposure to Roundup before December 8, 2023
- Were diagnosed with Non-Hodgkin Lymphoma following that exposure, and before the same date
“Significant exposure” is defined as:
- Use of Roundup more than twice in a 12-month period
- Use of Roundup more than 10 times in a lifetime
Family Members Are Also Included
Spouses, children, grandchildren, parents, grandparents, or siblings of individuals diagnosed with NHL due to Roundup exposure are also eligible as part of the class.
No Immediate Action Required for Eligible Canadians
Canadians who meet the eligibility requirements are automatically included in the class action and do not need to take any immediate steps. Law firms McKenzie Lake Lawyers LLP, Koskie Minsky LLP, and Merchant Law Group LLP are jointly leading the case and will provide further instructions as the case progresses.
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