Dismiss Agent Orange lawsuit, N.L. court urged
Last Updated: Wednesday, September 23, 2009 | 8:30 PM AT
CBC News
The federal government and two chemical companies went to court Wednesday in a bid to stop a class-action lawsuit launched by people who claim they developed cancer after being exposed to Agent Orange at Canadian Forces Base Gagetown in New Brunswick.
The suit, brought by more than 1,700 people from across the country as well as 35 from the province, was certified in the Supreme Court of Newfoundland and Labrador trial division.
On Wednesday, lawyers representing federal Attorney General Rob Nicholson, Minister of National Defence Peter Mackay , the Dow Chemical Company and the Pharmacia Corp. were in a St. John's courtroom seeking to have the certification order overturned.
Retired Canadian soldier, John Mallard, says he was diagnosed with cancer because of Agent Orange at CFB Gagetown. (CBC) The plaintiffs say they have been diagnosed with cancers including leukemia, Hodgkin's disease and non-Hodgkin's lymphoma because of their exposure to Agent Orange at Gagetown between 1956 and 2004.
"All the time I was at Gagetown was out in the field training — you're sleeping on the ground, you are eating your hard rations … you're eating with your hands, so basically you're ingesting it," said retired soldier John Mallard, who is convinced his cancer stemmed from exposure to the herbicide at Gagetown."You're sleeping in it, you're burning bush to keep warm, so you're inhaling it."
Retired brigadier-general Ed Ring, a Newfoundlander and another of the plaintiffs, was outraged by the bid to stop the suit.
Retired brigadier-general Ed Ring, of St. John's is a member of a class-action suit claiming exposure to Agent Orange left him with cancer. (CBC)
"I am appalled that we have large organizations like the federal government and these chemical companies trying to deny us the opportunity to even have our case heard in court," he said.
The federal government and the companies maintain Agent Orange — a herbicide developed in the United States for use in the Vietnam War — was only one of 23 chemicals sprayed on the base, so there is no way to determine who was exposed to which chemical and for how long.
They also say there's not enough common ground among the ailments suffered by the plaintiffs to justify a class-action suit.
In September of 2007 the federal government announced a $96-million compensation package for people exposed to the herbicide at Gagetown —a $20,000 payout to anyone who qualified for it.
Members of the class-action suit refused to accept the settlement.
Hearings are scheduled to continue in St. John's Thursday.
Share Tools
Latest New Brunswick News Headlines
- Armed robbery at Saint John gas bar
- There was an armed robbery at a Saint John, N.B., gas station Friday night. more »
- Cataractes advance to Memorial Cup final by beating Sea Dogs
- Yannick Veilleux broke a tie at 13:14 of the third period as the host Shawinigan Cataractes upset the defending champion Saint John Sea Dogs 7-4 in the semifinal of the Mastercard Memorial Cup on Friday night. more »
- 4 arrests in Elsipogtog drug trafficking case
- Four people are facing charges in connection with a two-month long investigation into prescription drug trafficking on Elsipogtog First Nation. more »
- David Alward worried about EI changes
- Premier David Alward says he's worried proposed changes to employment insurance will hurt seasonal industries in the province, such as fishing, forestry and tourism. more »
Top News Headlines
- Teen struck by lightning in Ottawa dies
- The victim of a Friday lightning strike during a storm in east Ottawa has died, CBC News has learned. more »
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- 32 Syrian children die in artillery attack, says UN
- More than 90 people have been killed by regime forces in a district of central Syria, with the head of the UN team in the country confirming at least 32 children and 60 adults were killed the attack. more »
- Woman's remains found in hockey bag on Cape Breton river
- Police in Nova Scotia are investigating after a woman's remains were found in a hockey bag floating on a Cape Breton river Friday night. more »
- 4 arrests in Elsipogtog drug trafficking case
- Armed robbery at Saint John gas bar
- David Alward worried about EI changes
- Woman robs store in Tracadie-Sheila
- Loose dog prevents mail delivery to area residents
- Pension snafu may erode public trust, says Norton
- Main Street reopened to traffic
- Pharmacists get generic drug pricing 'transition period'
- Bathurst teen charged with attempted murder

