Page "Monsanto Canada Inc. v. Schmeiser" Paragraph 17

The Federal Court of Appeal in particular stressed the importance of the finding that Schmeiser had knowingly used the seed, in their decision to find Schmeiser in infringement of the patent, and noted that in a case of accidental contamination or a case where the farmer knew of the presence of the gene but took no action to increase its prevalence in his crop, a different ruling could be possible ( see paragraphs 55-58 of the appeal ruling ).

No damages were assessed against Percy Schmeiser, the private individual.

Only Mr. Schmeiser's farming corporation, Schmeiser Enterprises Ltd., was held liable, as Mr. Schmeiser had acted in his capacity as director of the corporation.