This came as a complete surprise to the Schmeisers who immediately realised that all their research and development on canola over the past fifty years had been contaminated by Monsanto’s GMOs.
They felt that they had a case against Monsanto for liability and the damages possibly caused to them, and that was the beginning of  Schmeiser’s Battle for the Seed (Si S 19).
The US Government had also approved Bt cotton and Bt corn that has the added GM toxin from Bacillus thuringenisis (Bt).
However, both parties had to pay their own legal bills.
The pre-trial took two years to go to court in which Monsanto claimed that despite having no knowledge of Percy Schmeiser ever having obtained any GM seed, he must have used their seed on his 1 030 acres of land because ninety-eight percent of the land was GM contaminated.
And, because the Schmeisers had contaminated their own seed supply with Monsanto seed, ownership of the Schmeisers seed supply reverted to Monsanto under patent law.
The Schmeisers, like hundreds of thousands of farmers all over the world, were using their canola (oilseed rape) seed from year to year and developing new varieties suitable for climatic soil conditions on the prairies.
Percy had also been the Mayor of his town for over thirty years, a member of the provincial Parliament and an active member of agricultural committees representing his province on new agricultural policy, law and regulations for the benefit of farmers.Monsanto said that the Schmeisers were recalcitrant and that they wanted a million dollars from them.