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Judge Rules In Favor Of Monsanto

SASKATOON, Saskatchewan — A federal judge on Thursday ordered a Canadian farmer to pay Monsanto Co. thousands of dollars for planting herbicide-resistant canola without the biotechnology giant’s permission.

The U.S. company said Percy Schmeiser knowingly planted Roundup Ready, a genetically modified brand of canola developed by Monsanto, without its permission in 1998 on his farm 50 miles northeast of Saskatoon.

Schmeiser said pollen from modified plants had blown onto his property from nearby farms or off passing trucks.

In his ruling, Judge Andrew MacKay said “the balance of probabilities” showed Schmeiser acted without permission from Monsanto.

MacKay said if the two sides could not agree on a settlement within three weeks, Monsanto should receive about $10,000 — the $10 an acre fee the company charges for the product.

MacKay also banned Schmeiser from planting any more of the herbicide-resistant canola and from selling any of the crop or seeds from 1998.

Schmeiser, 70, said he was “disappointed and upset” over the ruling.

“It will take totally all of my wife’s and myself’s retirement funds that we’ve worked for all our life,” he said.

“I’ve lost 50 years of work because of a company’s genetically altered seed getting into my canola, destroying what I’ve worked for, destroying my property and getting sued on top it.”

A Monsanto news release said the ruling would allow it to continue investing in “important research in Canada, knowing our rights will be respected.”

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