On November 1-2, 2004 in the Court of Queen's Bench, Saskatoon, Justice Gene-Ann Smith will hear
arguments from Monsanto Canada, Bayer Crop Science and counsel representing Larry Hoffman, L.B. Hoffman Farms Inc. and Dale Beaudoin regarding the proposed class action claim that organic farmers have been harmed by the introduction of genetically modified (GM) canola.

Counsel for Monsanto Canada will argue that Mr. Hoffman and Mr. Beaudoin - and the class they purport to represent - do not meet the five criteria required for certification and therefore, the request to certify this action under the Class Actions Act should be dismissed.

"From a legal perspective our arguments will be straightforward and outline why we believe the plaintiffs have not met the requirements for certification," said Trish Jordan, spokesperson for Monsanto Canada. "In the broader context, we believe groups such as the Saskatchewan Organic Directorate, Greenpeace, and the British Soils Association are simply using this lawsuit as a platform to advance their anti-GMO position in the public arena and this is not an appropriate use of the Court's time and resources. These groups are engaging in a scientific, social and political debate concerning GMOs rather than having a legitimate legal dispute."

The purpose of the certification hearing is procedural only. The Court will not make any determination on the individual merits of the plaintiffs' claims. Should Justice Smith rule the plaintiffs have met the requirements for
certification outlined under the Class Actions Act, a trial to argue the merits of the organic farmers' case would take place at a later date.

Monsanto Canada is proud of its work with the western Canadian canola industry in bringing Roundup Ready(R) canola technology to farmers. Western Canadian farmers have rapidly adopted genetically modified canola varieties since their introduction in 1996. In 2003, about 70% of total Canadian canola acreage was planted to genetically-modified varieties. This compares to organic canola acreage which accounted for only 0.04% of total Canadian plantings in 2003(1). From 1990 to 2001, organic canola plantings accounted for only 0.024% of
Saskatchewan's total canola acreage(2).

"All current Roundup Ready crops available in the marketplace, including Roundup Ready canola, met or exceeded Canadian federal regulatory guidelines for food, feed and environmental release," said Jordan "Evidence to date shows that GM crops have coexisted with conventional and organic crops without significant economic or commercial problems."

An excellent overview of organic and biotech crop acreages, as well as the issue of coexistence of GM and non-GM crops in North America, can be found in "Co-existence in North American Agriculture: can GM crops be grown with
conventional and organic crops?" which can be found at www.pgeconomics.co.uk.

(1). Brooks, G. & Barfoot, P. 2004. Co-existence in North American agriculture: can GM crops be grown with conventional and organic crops? PG Economics Ltd., Dorchester, UK.

(2). Affidavit of Phil Thomas, filed September 11, 2003, paragraph 36.