Canadians are litigating two class action lawsuits alleging a link between exposure to paraquat—an ingredient in some popular commercial herbicides—and Parkinson’s disease. The most common formulation of herbicides containing paraquat are sold under the trade name Gramoxone®.
The class actions are before the Courts of Québec and British Columbia.
These class actions follow similar lawsuits filed in the U.S. on behalf of people diagnosed with Parkinson’s disease after being exposed to paraquat.
The Canadian Paraquat (Gramoxone®) Lawsuits
The plaintiffs in the Canadian class actions allege, among other things, that paraquat carries a hazard, namely the risk of developing Parkinson's disease for those who used and/or were exposed to it, that the manufacturers failed to inform consumers of this associated hazard and how to protect themselves from it, that the manufacturers knew (or should have known) about the risk that paraquat would cause Parkinson’s disease, and that they failed to adequately study the issue before and after marketing.
On August 9, 2024, the Supreme Court of British Columbia certified the class action against Syngenta AG and certain of its subsidiaries. The decision is reported at Gionet v. Syngenta, 2024 BCSC 1440.
The evidence filed by the plaintiffs on the certification application included, among other things, a collection of internal corporate documents dating back decades, and expert evidence from internationally renowned experts in neurology and epidemiology.
The British Columbia Court defined the class to include individuals in Canada, outside of Québec, who:
- have been diagnosed with Parkinson’s disease after using (i.e. applying, mixing, loading, and/or flagging) Gramoxone Products during any time after July 1, 1963; or
- are the living spouse, child, grandchild, parent, grandparent or sibling of a Class Member.
The “Gramoxone Products” are defined to include: (i) Gramoxone Liquid Herbicide with Wetting Agent; (ii) Gramoxone PDQ Liquid non-selective herbicide; (iii) Sweep No-Till Herbicide; (iv) Gramoxone 200 SL; (v) Paraquat Technical; and (vi) Paraquat Dichloride Manufacturing Concentrate. The registration numbers of these products are 8661, 25448, 15843, 33125, 21247, and 21273, respectively.
The Superior Court of Québec has already authorized a parallel class action to proceed on behalf of individuals in that province. For more information in this authorization, please the "Developments" section below.
The defendants
The defendants in the lawsuit are the Swiss-based international corporation Syngenta AG and its subsidiaries responsible for designing, manufacturing, marketing, and selling products containing paraquat (Gramoxone®) in Canada.
The plaintiffs are suing, among other things, for battery and negligence, as well as under certain statutes allowing family members to seek compensation on behalf of those directly impacted. The lawsuit aims to help compensate class members for medical expenses, lost employment income, loss of the support of an affected relative, and other forms of suffering and loss resulting from exposure to paraquat (Gramoxone®). The allegations have yet to be proven in Court.
Paraquat in Canada
Paraquat was introduced in Canada with the weedkiller Gramoxone® in 1963 and is still used today. Gramoxone® is typically sold as a liquid concentrate or granular solid to be diluted with water. It can be applied to weeds via hand-held or backpack sprayer, deposited by crop-duster planes, or sprayed from pressurized tanks attached to trucks or tractors.
Paraquat exposure risks
Anyone preparing, handling, or applying paraquat risks exposure. This would include farmers, landscapers, park maintenance personnel, and workers involved in agricultural industries. Anyone located in an area while paraquat was being sprayed would also risk exposure. The plaintiffs allege that paraquat can enter the bloodstream when inhaled, swallowed, or touched with bare skin, and that once it enters the bloodstream, it can be carried across the blood-brain barrier and cause neurodegenerative effects.
Paraquat has been associated with Parkinson’s disease across human epidemiological studies conducted over the past four decades. Many countries have banned paraquat products because of their potential risk to human health. Other countries, including Canada, allow paraquat products but now impose restrictions on their use.
The plaintiffs claim that anyone diagnosed with Parkinson’s after exposure to paraquat, and their family members, have suffered a loss. Those seeking more information, or who wish to join the lawsuit to receive further updates should contact Siskinds.
Have you been exposed to Paraquat?
Join the action today
Fill out the form below to join the action and receive updates on this case. Our lawyers will be in touch.
Need more information?
If you have used and/or been exposed to Gramoxone (and its active ingredient, paraquat) and have Parkinson’s disease or if you know someone who has, Siskinds may be able to help. Please email: [email protected] or call us toll-free at 1.800.461.6166.
Developments
Quebec Action
On July 27, 2022, the Superior Court of Quebec authorized the class action. You can view a copy of the decision here (French only).
On October 24, 2022, Siskinds Desmeules filed their originating application. You can view a copy of the application here (French only).
The class action concerns the members of the following class :
“Subclass 1:
All natural persons in Québec who have been diagnosed with Parkinson’s disease after having been exposed, repeatedly, oral ingestion, inhalation, or through dermal contact, to one of the Defendants' non-domestic use herbicides with the active ingredient paraquat (whose most widely used formulation is Gramoxone®), since their respective dates of introduction to the Canadian market. The targeted herbicides are: View table here.
And
Subclass 2:
All natural persons in Québec who is the spouse, parent, child, sibling or caregiver of a person in subclass 1 and who suffers or suffered damages from that person developing Parkinson's disease.”
Ontario and British Columbia actions
Further class actions were commenced by Siskinds in the Ontario Superior Court of Justice on August 6, 2021 Statement of Claim available here) and in the Supreme Court of British Columbia on August 17, 2021 Statement of Claim available here).
The Ontario and British Columbia litigation is still in its early stages—the plaintiffs must apply for a court’s approval to proceed as a class action before going to trial. This process is called “certification” in BC and Ontario, and “authorization” in Québec.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the paraquat (Gramoxone®) class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who was diagnosed with Parkinson’s disease after anyone in Canada who was diagnosed with Parkinson’s disease after repeated exposure, by inhalation, ingestion or dermal contact, to one of the Defendants’ herbicide or other non-domestic herbicides containing Paraquat as an active ingredient (widely known as Gramoxone®) and this, since their respectively introduction on the Canadian market, or if you are a relative (spouse, parents, children and siblings) of the person who was diagnosed with Parkinson’s disease and you were harmed by it.
The targeted herbicides are: View table here.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I opt-out of the class action?
Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
The deadline for opting out of the Quebec class action has now expired.
What should I do to protect my rights?
To protect your rights, you should :
- Keep all your medical records to confirm your diagnosis of Parkinson’s disease.
- Keep any evidence to confirm your exposure to paraquat (Gramoxone®).
- Register to receive updates on this case by filling out the form below.
All personal information provided will remain private and confidential.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in Touch form below.
You may also contact our Quebec firm, Siskinds, Desmeules, by phone at 418.694.2009 or at the toll free number 1.877.735.3842 or by email at [email protected].
Documents
Quebec
Originating application - October 20, 2022 (in French only)
Judgment authorizing the class action - Superior Court - July 27, 2022 (in French only)
Reamended application for authorization to institute a class action - June 3, 2022 (in French only)
Amended application for authorization to institute a class action - March 24, 2022 (in French only)
Application for authorization to institute a class action - April 30, 2021 (in French only)
Notices of authorization – [Short form] [Long form]
Ontario
Statement of claim - August 6, 2021
British Columbia
Statement of claim - August 17, 2021