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Since 2021, Siskinds LLPhas represented the plaintiffs in proposed paraquat (Gramoxone®) class actions across Canada, alleging that paraquat exposure is associated with an increased risk of developing Parkinson's disease. These Canadian paraquat lawsuits allege that paraquat carries a serious health hazard, namely, the risk of Parkinson's disease for individuals who used and/or were exposed to the herbicide.
The claims further allege that the manufacturers of paraquat, including Syngenta AG and its subsidiaries, failed to adequately warn consumers, agricultural workers, and applicators about the risk of Parkinson's disease, failed to provide proper safety instructions on how to protect against exposure, and knew or ought to have known of the scientific evidence linking paraquat to Parkinson's disease. It is also alleged that the manufacturers failed to conduct adequate long-term safety studies before and after marketing Gramoxone® paraquat products in Canada.
British Columbia Supreme Court certifies national paraquat class action
On August 9, 2024, the Supreme Court of British Columbia certified the class action against Syngenta AG and certain subsidiaries to proceed. The decision is reported at Gionet v. Syngenta, 2024 BCSC 1440. Unlike the Québec action, the British Columbia class action encompasses a broader national class. 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 herbicide products at issue in this Parkinson's lawsuit are listed here.
Appeal to the British Columbia Court of Appeal
The Defendants appealed the British Columbia Supreme Court's decision certifying the action, but only in respect of limited issues relating to:
(i) the evidence relied upon by certification judge
(ii) the pleading in battery
(iii) the certification of remedial common issues
The appeal was heard by the British Columbia Court of Appeal (BCCA) on May 8, 2025.
The Court of Appeal rendered its decision on September 24, 2025. The BCCA's reasons are indexed at Syngenta AG v. Van Wijngaarden, 2025 BCCA 334. The Court of Appeal accepted the Plaintiffs' submission that the key conclusions drawn by the applications judge were supported by transcript evidence. This was a significant victory for the Plaintiffs in the Canadian paraquat class action litigation.
What the appeal decision means for affected Canadians
Success in respect of the remaining and less consequential matters was divided. The BCCA partially allowed Syngenta's appeal in respect of the remedial common issues. The Court of Appeal's decision does not displace the application judge's key findings for the Plaintiffs. Among other things, the decision did not alter the certification of the Plaintiffs' claims in negligence. Common issues related to duty to warn of Parkinson's disease risks, negligence design, and the causal relationship between paraquat and Parkinson's disease remain certified. The decertification of certain remedial common issues relates to the procedural timing of how damages-related issues may be addressed, not whether they will be resolved at all.
Next steps in the Canadian paraquat lawsuit
The appeal decision was a significant milestone for the class. The action will now proceed to the discovery phase, where the parties will exchange documentary evidence and conduct examinations for discovery. This stage is critical in complex product liability and pharmaceutical litigation, particularly in cases involving toxic exposure, agricultural chemicals, and long-term neurological disease such as Parkinson's disease.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
