Court likely won’t decide whether to hear B.C. ostrich case until at least Oct. 30

Karen Espersen, right, the co-owner of Universal Ostrich Farms, speaks with supporters with her daughter, Katie Pasitney, at the farm in Edgewood, B.C., on Monday, Sept. 22, 2025. THE CANADIAN PRESS/Aaron Hemens

A decision by the Supreme Court of Canada whether to hear a last-ditch appeal to stop a planned cull of hundreds of ostriches at a British Columbia farm likely won’t be made until at least Oct. 30.

The court typically announces its decisions whether to grant leave for appeal on Thursdays, and releases a list of cases up for consideration before that.

But the list for Oct. 23 that was released on Friday doesn’t include the case of Universal Ostrich Farms, meaning a decision on whether to even hear the case likely won’t come before Oct. 30, with any potential ruling after that.

The owners of the farm in Edgewood, B.C., are fighting a bid by the Canadian Food Inspection Agency to cull the flock that was hit by an outbreak of avian flu, which the agency says killed 69 birds.

Tests were conducted on two of the dead birds and came back positive for H5N1 flu, but the farm’s owners have been pushing for the surviving birds to be tested.

The farmers say the remaining ostriches show no signs of illness and should not be killed, while the CFIA says ostriches that appear healthy can still spread the disease, including new mutations of the virus.

The Supreme Court issued a temporary stay of the cull order and directed that the CFIA take custody of the birds until it decides whether to hear the case by the farm’s owners, who have lost a series of lower court decisions.

If the court decides not to hear the case and lifts the stay, it means the cull will be allowed to proceed, but if leave to appeal is granted, then a final decision on the fate of the flock would come later after the High Court hears the case.

This report by The Canadian Press was first published Oct. 17, 2025.